In Defense of Animals v. U.S. Department of the Interior

The Bureau of Land Management (the bureau), pursuant to authority delegated to it by the secretary of the interior (the secretary) under the Wild and Free-Roaming Horses & Burros Act (the act), established the Twin Peaks Herd Management Area (HMA) to achieve a thriving natural ecological balance suitable for wild horses and burros. The secretary did not designate the HMA as a range, which would have provided additional protections for the animals under the act. The appropriate management level (AML), confirmed by the bureau in 2008, established ideal wild-horse and burro populations within the HMA. Population above the AML was excess. By 2010 the population exceeded the AML, which strained resources within the HMA. The bureau planned to gather excess and nonexcess animals using helicopters and ropers on horseback. The animals would then be transported to private holding facilities, sorted, and either euthanized, privately adopted, or released. Released females would be injected with a contraceptive to reduce fertility. In Defense of Animals (plaintiff) consisted of two nonprofits (the organizations). The organizations sued the Department of the Interior (DOI) (defendant) to enjoin implementation of the gather, arguing that (1) the plan failed to establish overpopulation was a problem and failed to follow the steps in the required order to address overpopulation; (2) the HMA was a range requiring additional preservation; and (3) the bureau was not permitted to remove and relocate nonexcess animals. The bureau argued that the temporary relocation of the animals did not constitute a removal. The district court granted the DOI’s motion for summary judgment, and the organizations appealed.