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American Horse Protection Ass'n v. Andrus

Citation: 10 ELR 20076
No. No. 78-3494, 608 F.2d 811/(9th Cir., 11/23/1979) Vacated

Vacating the lower court's denial of an injunction 9 ELR 20075, the Ninth Circuit Court of Appeals holds that the decision of the federal court in the District of Columbia in NRDC v. Morton, 5 ELR 20327, which involved the Bureau of Land Management's compliance with the National Environmental Policy Act (NEPA) regarding its livestock grazing program on the public lands, did not oust the jurisdiction of the federal district court in Nevada to determine NEPA compliance by the Interior Department regarding a wild horse roundup program. Exercise of jurisdiction by both courts creates no threat of conflicting decisions dealing with range utilization because those decisions will ultimately be made by the Secretary of the Interior. Furthermore, the district court must decide the question of whether the proposed roundup and removal of wild horses reaches a level of significance such as would require preparation of an environmental impact statement. Finally, the court affirms that portion of the district court's decision restricting some government practices at certain holding corrals.

Counsel for Appellants
David M. Barrett, Russell J. Gaspar
McCandless & Barrett
1707 H St. NW, Suite 1005, Washington DC 20006
(202) 223-8440

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

Counsel for Appellees
Walter J. Postula, Carl Strass; James W. Moorman, Ass't Attorney General
Land and Natural Resources Division
Department of Justice, Washington DC 20530
(202) 633-4476

Before MERRILL and WALLACE, Circuit Judges, and BARTELS,* District Judge.