ELR Citation: 55 ELR 20027
No(s). 21-cv-2146-WJM (D. Colo. Mar 3, 2025) (Martinez, J.)

A district court vacated a 2022 instruction memorandum (IM) issued by BLM that outlined policies and procedures for administering an incentive program for adopting federally protected wild horses and burros. Animal rights groups challenged the IM, arguing it violated the Wild Free-Roaming Horses and Burros Act because it resulted in slaughter of protected animals by third parties, and that BLM violated the APA and NEPA by failing to subject the IM to appropriate notice-and-comment procedures and environmental impact analysis. The court found the legal effects of the IM rendered it a legislative rule such that BLM violated the APA's procedural requirements by issuing it without conducting the necessary notice and comment procedures. It further held the IM violated the APA's substantive requirements and thus was arbitrary and capricious. The court also concluded BLM failed to show an adequate basis in the record for electing not to prepare an EIS prior to issuing the IM, in violation of NEPA's procedural requirements. It vacated the IM and remanded to BLM for further proceedings.