Babbitt

Foundation for Horses & Other Animals v. Babbitt

Good Law
154 F.3d 1103·1998 WL 598526
United States Court of Appeals for the Ninth CircuitSeptember 11, 1998No. 98-55148California1,614 words

Opinion

Lead Opinion

Appellants, Foundation for Horses and Other Animals and individual members of Foundation (collectively, Foundation), appeal the district court’s grant of summary judgment in favor of defendants, the National Park Service, the estate of Pier Gherini, and various individuals (collectively, NPS). 1 Foundation asserts that NPS violated the National Environmental Policy Act (NEPA), 42 U.S.C. § 4321 et seq., when it decided to remove a herd of twelve horses from Santa Cruz Island. We have jurisdiction, 28 U.S.C. § 1291 , and we affirm.

I.

This action concerns horses located on Santa Cruz Island, one of the Channel Islands off the coast of southern California. In 1980, Congress enacted the Channel Islands National Park Act (CINPA), directing the Secretary of the Interior to acquire pieces of real property throughout the Channel Islands to be incorporated into the Park. 16 U.S.C. § 410ff et seq. Environmental study began immediately. At that time, and up until recently, the eastern portion of Santa Cruz Island was owned by the Gherini family and used primarily for ranching.

In 1983, a Draft Land Protection Plan was developed along with a draft Environmental Assessment (EA). The draft…

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