American Horse Protection Assoc., Inc. v. Andrus

608 F.2d 811 10 Envtl. L. Rep. 20 ,076 AMERICAN HORSE PROTECTION ASSOC., INC., and the Humane Society of the United States, Plaintiffs-Appellants, v. Cecil ANDRUS, Secretary of the Interior; Frank Gregg, Director of BLM, George Turcott, et al., Defendants-Appellees. No. 78-3494. United States Court of Appeals, Ninth Circuit. Nov. 23, 1979. Russell J. Gaspar, Washington, D. C., argued for plaintiffs-appellants; David M. Barrett, McCandless & Barrett, Washington, D. C., on brief. Carl Strass, Dept. of Justice, Washington, D. C., argued for defendants-appellees; Walter J. Postula, Land & Natural Resources, Washington, D. C., on brief. On Appeal from the United States District Court for the District of Nevada. Before MERRILL and WALLACE, Circuit Judges, and BARTELS, * District Judge. MERRILL, Circuit Judge. 1 Appellants have taken this appeal from the order of the district court denying their motion to enjoin the Secretary of the Interior from removing wild horses from public lands in the state of Nevada. The district court order appears at 460 F.Supp. 880 . Appellants contend that the Secretary's proposed action constitutes major federal action significantly affecting the…