ELR Citation: 55 ELR 20094
No(s). 24-8055, 24-8056, and 24-8057 (10th Cir. Jul 15, 2025)

The Tenth Circuit reversed a district court ruling in challenges to BLM's 2022 amendments to its regional management plan for wild horses in southern Wyoming that changed two "herd management areas" to "herd areas." Wild horse advocacy and conservation groups argued the amendments, which reduced the population goal in two areas to zero horses and reduced the goal in another area by as much as 56%, violated the Wild Free-Roaming Horses and Burros Act (WHA) by functionally eliminating wild horses on public lands without considering the Act's goal, violated NEPA by disregarding reasonable alternatives, and violated FLPMA by failing to manage the land for multiple uses. The district court found BLM had not acted arbitrarily or capriciously in converting the herd management areas to herd areas, and ruled for BLM. The appellate court found that while the WHA did not require BLM to manage for wild horses to the detriment of all other uses, it did require BLM to “manage wild free-roaming horses and burros in a manner that is designed to achieve and maintain a thriving natural ecological balance on the public lands.” BLM admitted it did not consider ecological balance when amending the plan, and thus its decision was arbitrary and capricious. The court reversed and remanded to the district court to apply the Allied-Signal factors and determine the appropriate remedy.