Friends of Animals v. United States Bureau of Land Management
232 F. Supp. 3d 53
| D.D.C. | 2017Background
- BLM planned a helicopter "gather" in Cedar Mountain HMA (Utah) to begin Feb 8, 2017, to remove excess wild horses after a 2016 aerial count estimated ~800–960 horses versus an AML of 190–390 (set in 2003).
- BLM issued a Determination of NEPA Adequacy (DNA) relying on prior EAs (2003, 2008, 2012) and proposed to gather 600–700, remove 200–300, and treat ~200 mares with PZP before releasing ~400 back to the range.
- Friends of Animals sued and moved for a preliminary injunction arguing BLM violated NEPA (by relying on prior EAs/DNA and ignoring new PZP science and prior ‘‘site‑specific’’ commitments) and the Wild Horses Act (failing to make a proper excess-population determination).
- The Court considered the four Winter factors for injunctive relief on an expedited schedule; BLM refused to delay due to foaling season constraints (gathers prohibited March–June) and logistical/financial burdens from postponement.
- The court found BLM had analyzed the relevant issues in its DNA and prior EAs, reasonably addressed the cited PZP studies, made a cognizable excess determination based on AML vs. current population, and that plaintiff failed to show likelihood of success or irreparable harm.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| NEPA adequacy (use of DNA/prior EAs) | BLM must prepare a new EA/FONSI or EIS; DNA and prior EAs do not adequately analyze the pending gather | DNA appropriately relied on prior EAs; no new circumstances or information cause significantly different effects | Court: Held for BLM — reliance on prior EAs/DNA was not arbitrary or capricious |
| Consideration of new PZP science | Recent studies (consecutive PZP effects, band changes) show impacts that require new NEPA analysis | Studies do not show significant, relevant effects for Cedar Mountains (treatment intervals differ); BLM reasonably considered and rejected need for supplementation | Court: Held for BLM — BLM reasonably evaluated new information |
| Binding ‘‘site‑specific’’ NEPA commitments | Prior EAs/decision records promised site‑specific NEPA for future roundups; BLM breached affirmative commitments by using a DNA instead of new EA | BLM policy permits use of existing analyses and DNA to avoid redundancy; past language did not require a new EA for every gather | Court: Held for BLM — no violation of commitments; DNA consistent with BLM policy |
| Wild Horses Act — excess determination & PZP authority | BLM failed to make required excess determination and cannot treat non‑excess horses with PZP | BLM determined excess based on AML (190–390) versus current ~800–960 population; PZP applies to excess horses and those to be released | Court: Held for BLM — excess determination adequate; PZP treatment lawful in context |
Key Cases Cited
- Winter v. Natural Res. Def. Council, 555 U.S. 7 (2008) (standard for preliminary injunctions requires likelihood of success, irreparable harm, balance of equities, public interest)
- Nat’l Ass’n of Home Builders v. Defs. of Wildlife, 551 U.S. 644 (2007) (arbitrary and capricious standard and deference to agency expertise)
- Motor Vehicle Mfrs. Ass’n v. State Farm Mut. Auto. Ins. Co., 463 U.S. 29 (1983) (grounds for reversing agency action as arbitrary and capricious)
- Marsh v. Oregon Natural Res. Council, 490 U.S. 360 (1989) (agencies need not address every study; supplementation required only when significant new information arises)
- Kleppe v. New Mexico, 426 U.S. 529 (1976) (Wild Horses Act purpose and protections)
- Nken v. Holder, 556 U.S. 418 (2009) (equities and public interest merge when government is opposing party)
- Colorado Wild Horse v. Jewell, 130 F. Supp. 3d 205 (D.D.C. 2015) (upholding agency reliance on prior EAs where no new circumstances created significantly different effects)
- Fund for Animals v. Norton, 281 F. Supp. 2d 209 (D.D.C. 2003) (discussion of irreparable harm where government action would kill or severely injure large numbers of animals)