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American Horse Protection Ass'n v. Watt

Citation: 12 ELR 20761
No. No. 80-4522, 679 F.2d 150/(9th Cir., 06/07/1982) Denial of injunction aff'd

The court upholds the district court's refusal to enjoin a wild horse roundup for alleged NEPA violations. Since the only roundup which was arguably carried out without an environmental impact statement (EIS) has been completed, the case is moot. Although EISs for all planned future roundups are not complete, repetition of the complained-of action without review is not likely because the district court specifically required appellees to notify appellants before any future roundup, ensuring that appellants will have an opportunity to seek prior judicial review.

[Related decisions are reported at 9 ELR 20075 and 10 ELR 20076 — Ed.]

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

Counsel for Appellees
John Lindskold
Land and Natural Resources Division
Department of Justice, Washington DC 20530
(202) 633-2788

Burton J. Stanley
Office of the Regional Solicitor
Department of the Interior, Rm. E-2753, 2800 Cottage Way, Sacramento CA 95825
(916) 486-4544

Before BROWNING, Chief Judge, SKOPIL and NORRIS, Circuit Judges.