With its recent unanimous decision in Kleppe v. New Mexico,¹ the Supreme Court has probably written its last chapter in a half-century old controversy concerning the authority of the federal government to manage wildlife on federal lands. The issue decided by the Court was the constitutionality of the Wild Free-Roaming Horses and Burros Act (Act),² a measure enacted in 1971 to protect all unbranded and unclaimed horses and burros on public lands of the United States as "living symbols of the historic and pioneer spirit of the West."³

The Act protects such animals by declaring them to be "an integral part of the natural system of the public lands" and by directing the Secretaries of Interior and Agriculture "to protect and manage [them] as components of the public lands." Criminal penalties are provided for anyone who maliciously kills a protected horse or burro or converts it to private use without authorization from the appropriate Secretary. Further, if a protected horse or burro strays onto private land, and the owner thereof wishes to have the animal removed, the must notify federal authorities to arrange for its removal.