16 U.S.C. § 1339
Limitation of authority
Nothing in this chapter shall be construed to authorize the Secretary to relocate wild free-roaming horses or burros to areas of the public lands where they do not presently exist.
Notes of Decisions
Cited in 7
cases, 2002–2014 · leading case: In Def. of Animals v. U.S. Dep't of the Interior, 751 F.3d 1054 (9th Cir. 2014).
In Def. of Animals v. U.S. Dep't of the Interior, 751 F.3d 1054 (9th Cir. 2014). “16 U.S.C. § 1339 (emphasis added). Because nothing in the Act suggests that Congress intended to bar the relocation of unadoptable horses to private lands for long- term holding, we decline to read such a prohibition into the Act.”
In Def. of Animals v. Salazar, 675 F. Supp. 2d 89 (D.D.C. 2009). “” 16 U.S.C. § 1339 . BLM does not contend that its long-term holding facilities are located in areas where wild horses have historically existed, or that its movement of the horses from Nevada to Oklahoma, Kansas, and/or South Dakota does not constitute a relocation.”
In Def. of Animals v. United States Dep't of Interior, 737 F. Supp. 2d 1125 (E.D. Cal. 2010). “While 16 U.S.C. § 1339 does prohibit BLM from relocating wild horses and burros “to areas of the public lands where they do not presently exist”, the Act is silent with respect to private lands.”
In Def. of Animals v. United States Dep't of the Interior, 909 F. Supp. 2d 1178 (E.D. Cal. 2012). “While 16 U.S.C. § 1339 does prohibit BLM from relocating wild horses and burros “to areas of the public lands where they do not presently exist,” the Act is silent with respect to private lands.”
Sierra Club v. Norton, 207 F. Supp. 2d 1310 (S.D. Ala. 2002). “Section 10 of the Endangered Species Act of 1973, (“ESA”), 16 U.S.C. § 1339 (a)(1)(B), provides that the FWS may issue an “Incidental Take Permit” under certain conditions to allow a “take” *1321 of a threatened or endangered species which would be otherwise illegal under the…”
In Def. of Animals v. United States Dep't of the Interior, 808 F. Supp. 2d 1254 (E.D. Cal. 2011). “Additionally, 16 U.S.C. § 1339 expressly states that it does not authorize the Secretary to relocate wild horses or burros to areas of public lands where they do not presently exist.”
In Def. of Animals v. Salazar (D.D.C. 2009). “” 16 U.S.C. § 1339 . BLM does not contend that its long-term holding facilities are located in areas where wild horses have historically existed, or that its movement of the horses from Nevada to Oklahoma, Kansas, and/or South Dakota does not constitute a relocation.”
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