ELR Citation: ELR 20509
No(s). 74-127 (D.N.M. Feb 28, 1975)

A three-judge district court holds the Wild Free-Roaming Horses and Burros Act, 16 U.S.C. §§1331-40, unconstitutional as beyond the limits of a federal power. It cannot be sustained under either the Territorial Clause or the Commerce Clause. Under the common law, sovereign ownership of wild animal...