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Friends of Animals v. United States Bureau of Land Management

ELR Citation: 51 ELR 20136
Nos. 18-2029 (RDM), (D.D.C., 07/13/2021) (Moss, J.)

A district court denied a nonprofit group's motion to preliminarily enjoin BLM from gathering wild horses inside and adjacent to the Onaqui Mountain Herd Management Area. The group argued BLM's 2018 decision to gather the horses over a period of 10 years violated the Wild Free-Roaming Horses and Burros Act (WHA) because the Act did not permit the agency to make long-term gather decisions, and violated NEPA because the agency failed to prepare an EIS and failed to take a "hard look" at the proposed actions. The court found that while the WHA establishes that removal decisions should be based on "current" information, the statute does not require a separate determination prior to each individual roundup made pursuant to a gather plan, and NEPA does not require consideration of every possible implementation action or the particulars of each gather. It therefore denied the group's motion for preliminary injunction.