In Defense of Animals v. United States Department of Interior

MEMORANDUM AND ORDER

Plaintiffs in this action, which consist of an animal rights group along with a wild horse and burro sanctuary and other concerned individuals, seek though this Motion to halt a planned “gather”, or roundup, of wild horses and burros scheduled to commence on August 9, 2010 at the Twin Peaks Herd Management Area (“HMA”). ■Plaintiffs argue that the planned gather runs counter to the congressional mandate for preserving wild horses and burros as set forth in Wild Free-Roaming Horses and Burros Act, 16 U.S.C. § 1331 , et seq. (“Act”). Plaintiffs also contend that the provisions of-the National Environmental Policy Act (“NEPA”) have been violated because the Environmental Assessment (“EA”) for the gather fails to adequately analyze a reasonable range of alternatives, fails to ensure scientific integrity and dissenting opinion, and consequently fails to take the requisite “hard look” at the proposed action for NEPA purposes. Instead, according to Plaintiffs, because of the cumulative impacts occasioned by the gather and its unprecedented scope, at a minimum the Court should require that a comprehensive Environmental Impact Statement (“EIS”) be prepared before the…