This case involves a challenge to four ten-year gather plans issued by the Bureau of Land Management (BLM) to manage wild horse populations in specific geographic areas, including the Eagle Complex and Onaqui Mountain HMA. Under the Wild Free-Roaming Horses and Burros Act, BLM is tasked with maintaining a 'thriving natural ecological balance' by removing excess animals. Appellant, Friends of Animals, argued that the ten-year plans were unlawful because they allowed BLM to conduct indefinite removals without making fresh excess determinations or consulting independent parties for each gather. The District Court agreed in part, vacating the plans to the extent they authorized future gathers after achieving population goals or based on outdated information. However, rather than striking down the plans entirely, the District Court remanded the case to BLM to adopt reasonable limitations on when and how follow-on gathers could be conducted. The Appellant then appealed, seeking to challenge the plans based on the District Court's guidance, but the D.C. Circuit found it could not hear the case at this stage.
The Court of Appeals focused exclusively on the threshold issue of subject-matter jurisdiction under 28 U.S.C. § 1291, which limits appellate review to 'final decisions' of the district courts. The court reiterated the 'black letter law' that a district court's remand order is not normally final for purposes of appeal. The court explained that the District Court's order did not terminate the action or resolve the 'core dispute' between the parties. Instead, the District Court explicitly left the particulars of BLM's authority to be determined on remand, instructing the agency to 'adopt reasonable limitations regarding when (and with what information in hand) it may conduct follow-on gathers.' Because BLM must still engage in reasoned decisionmaking to revise the plans, the litigation remains pending on the merits. The court noted that allowing an immediate appeal would result in 'piecemeal appellate disposition' and that judicial economy is best served by waiting until the agency has completed its remedial work. Consequently, the court dismissed the appeal for lack of jurisdiction, noting that the Appellant would have a subsequent opportunity to seek review once the agency acts on remand.
The appeal is dismissed, leaving the District Court's partial vacatur and remand order in place. BLM must now revise its ten-year plans to clarify the limits on future gathers, specifically addressing when and with what information it may conduct follow-on operations before achieving the target population levels. The legal questions regarding the scope of BLM's authority under the Wild Free-Roaming Horses and Burros Act remain open and will be resolved only after BLM acts on remand and the parties potentially return to court.
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