In Defense of Animals v. United States Department of the Interior

PER CURIAM Opinion; Dissent by Judge RAWLINSON.

OPINION

This interlocutory appeal arises from an action instituted in the district court to stop the government from rounding up, destroying, and auctioning off wild horses and burros in the Twin Peaks Herd Management Area on the California-Nevada border. Plaintiffs allege that the government’s actions will violate the Wild Free-Roaming Horses and Burros Act (“Wild Horses Act”), 16 U.S.C. § 1331 et seq., and the National Environmental Policy Act (“NEPA”), 42 U.S.C. § 4321 et seq.

Plaintiffs are two non-profit organizations dedicated to protecting…