ELR Citation: ELR 20398
No(s). CV-R-85-365-HDM (D. Nev. Jul 8, 1987)

The court holds that where the Secretary of the Interior knows in advance of the transfer of title that an animal to be adopted pursuant to the Wild Free-Roaming Horses and Burros Act will be exploited for commercial purposes, he has an affirmative duty to refuse to transfer title. The one-year waiting period before transfer of title that is prescribed by §3(c) is designed to ensure that the Bureau of Land Management will have time to satisfy itself that the prospective adopter will treat the animal humanely. Congress' intent in passing the adoption portions of the statute was to ensure a suitable home for the animals, and the Secretary may not abdicate responsibility to place the animals with qualified persons who will care for them. Nor may the Secretary delegate to someone else the humane destruction of excess animals. The court notes that this decision does not require the Secretary to ascertain the adopter's intent prior to the transfer of title, or reclaim animals where title has already passed.

Counsel for Plaintiffs
W. Craig James
Skinner, Fawcett & Mauk
515 S. 6th St., P.O. Box 700, Boise ID 83701-0700
(208) 345-2654

Counsel for Defendants
Lee M. Kolker
Land and Natural Resources Division
Department of Justice, Washington DC 20530
(202) 633-2000