ELR Citation: ELR 20156
No(s). 82-1070 (D.C. Cir. Dec 10, 1982)

The D.C. Circuit rules that 1978 amendments to the Wild and Free-Roaming Horses and Burros Act supercede the district court's injunction, 6 ELR 20802, prohibiting the Bureau of Land Management (BLM) from removing wild horses from Idaho public lands pending further consideration of a winter range management plan. First, the court upholds the district court's finding that BLM failed to comply with its 1976 injunction requiring BLM to consider alternatives involving the restriction of cattle grazing on the winter rangeland, in light of the 1978 amendments. BLM's failure to adequately study the winter range alternative no longer serves as a basis for the district court's injunction. In addition, §14(a) of the amendments requires immediate removal of the horses once the Secretary determines, on the basis of existing information, that overpopulation of wild horses exists. Therefore, the court remands for reconsideration the plan to reduce the size of the wild horse herd.

A dissent argues that the injunction conditions are consistent with the 1978 amendments because the identified alternative requires no additional information, but only reasoning and evaluation. The dissent disagrees that judicial review of BLM action will prevent compliance with the immediate action requirement of the 1978 amendments.

Counsel for Appellants
James P. Leape, Dirk D. Snel
Land and Natural Resources Division
Department of Justice, Washington DC 20530
(202) 633-2773

Counsel for Appellees
Russelll J. Gaspar
Barrett, Hanna, Daly & Gaspar
Suite 475, 2550 M St. NW, Washington DC 20037
(202) 293-3204

Murdaught Stuart Madden, Roger A. Kindler
2100 L St. NW, Washington DC 20037
(202) 833-3360

Before: ROBINSON, Chief Judge, WALD and GINSBURG, Circuit Judges.