Case Summary
Issue:
Whether federal agencies must comply with federal law and federal court orders?
Plaintiff:
Rock Springs Grazing Association (RSGA)
Defendant:
Secretary of the Interior Ken Salazar, in his official capacity; the U.S. Department of the Interior; and the U.S. Bureau of Land Management (BLM)
Amicus Curiae:
Mountain States Legal Foundation (MSLF), the Wyoming Stock Growers Association, and the Wyoming County Commissioners Association, all represented by MSLF
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Case History
In 1979, in one of its first lawsuits, MSLF, on behalf of the RSGA, sued the BLM for its refusal to obey the Wild and Free-Roaming Horses and Burros Act by removing wild horses from grazing lands used by RSGA members.
In March 1981, the Wyoming federal district court entered an order requiring the BLM to remove excess wild horses to permit RSGA members to use their lands and engage in livestock grazing. In March 1982, the court issued another order setting new limits for wild horses and ordering that the BLM comply by September 1984. When the BLM failed to comply with the order, MSLF sought a show cause order; the BLM confessed error and then entered into a stipulation agreement: it would remove excess wild horses.
Within a decade, however, the BLM was again out of compliance with federal law, the Wyoming district court’s orders, and the BLM’s stipulation agreement. In 2003, the State of Wyoming sued. The BLM confessed error and entered into a Consent Decree. In time, the BLM’s compliance with the decree suffered from poor management and inaccurate methodologies.
In 2009 and 2010, the BLM removed no wild horses and now refuses to comply with the court’s orders; rather, the BLM demands that livestock grazing end. On July 27, 2011, the RSGA sued to enforce the court’s orders or for a declaratory judgment that the BLM must remove wild horses.
