Colvin and Son, LLC v. Burgum
CourtCourt of Appeals for the Ninth Circuit
Date FiledOctober 29, 2026
Docket25-1888
StatusPublished
📰 News Coverage: Read the LAWS.com news report on this case
Full Opinion
FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
COLVIN & SON, LLC; STONE No. 25-1888
CABIN RANCH, LLC,
D.C. No.
3:23-cv-00204-
Plaintiffs - Appellants,
ART-CLB
v.
OPINION
DOUG BURGUM, in his official
capacity as Secretary of the United
States Department of the Interior;
STEVAN PEARCE, in his official
capacity as the Director of the Bureau
of Land Management; JON RABY,
his official capacity as the Nevada
State Director of the Bureau of Land
Management; JON SHERVE, in his
official capacity as District Manager
for the Battle Mountain District,
Nevada, Bureau of Land
Management; DALTREY BALMER,
in his official capacity as the Acting
Field Manager for the Tonopah Field
Office, Battle Mountain District,
Nevada, Bureau of Land
Management,
Defendants - Appellees,
2 COLVIN & SON, LLC V. BURGUM
Appeal from the United States District Court
for the District of Nevada
Anne R. Traum, District Judge, Presiding
Argued and Submitted March 11, 2026
Las Vegas, Nevada
Filed October 29, 2026
Before: Mark J. Bennett and Gabriel P. Sanchez, Circuit
Judges, and John W. Holcomb, District Judge. *
Opinion by Judge Holcomb
SUMMARY **
Wild Free Roaming Horses and Burros Act
The panel affirmed the district court’s summary
judgment in favor of the Secretary of the United States
Department of the Interior and other federal officials in an
action brought by Colvin & Son, LLC and Stone Cabin
Ranch (“Plaintiffs”) challenging a plan to gather and remove
excess horses (the “Gather Plans”) as contrary to the Wild
Free Roaming Horses and Burros Act.
*
The Honorable John W. Holcomb, United States District Judge for the
Central District of California, sitting by designation.
**
This summary constitutes no part of the opinion of the court. It has
been prepared by court staff for the convenience of the reader.
COLVIN & SON, LLC V. BURGUM 3
Plaintiffs challenged Gather Plans for the Little Fish
Lake Joint Management Area and for the Stone Cabin
Complex in Nye County, Nevada. Plaintiffs challenged the
Gather Plans as agency action, seeking review under
§§ 706(2)(A) and (2)(C) of the Administrative Procedure
Act. At issue on appeal was whether the Bureau of Land
Management (“BLM”) violated the Wild Horses Act by
promulgating Gather Plans that failed to require it to act
more quickly, not whether BLM in fact acted quickly
enough. The parties sought interpretation of the statutory
language “immediately remove excess animals from the
range so to achieve appropriate management levels.” 16
U.S.C. § 1333(b)(2).
The panel held that the Wild Horses Act requires BLM
to remove excess animals from the range to achieve
appropriate management levels as promptly as logistically
and reasonably possible, taking into account the humane
treatment of the wild horses and burros and other
considerations required by the Act.
The panel concluded that the Gather Plans complied with
the Wild Horses Act’s immediacy requirement. The panel
rejected Plaintiffs’ argument that the Gather Plans violated
the immediacy requirement because the Plans lacked any
timing requirement for conducting the prescribed initial
gathers. The Act does not require BLM to set a specific time
frame for removal actions. The panel also rejected
Plaintiffs’ argument that the Gather Plans violated the
immediacy requirement because they conditioned
population control measures and follow-up gathers upon off-
site conditions. The immediacy requirement was
inapplicable to those maintenance actions and their attendant
conditions.
4 COLVIN & SON, LLC V. BURGUM
Accordingly, the panel affirmed the district court’s
summary judgment.
COUNSEL
W. Alan Schroeder (argued), Schroeder Law, Boise, Idaho;
Laura A. Schroeder, Therese A. Ure Stix, and Caitlin R.
Skulan, Schroeder Law Offices PC, Reno, Nevada; for
Plaintiff-Appellants.
Tamara N. Rountree (argued) and Thekla Hansen-Young,
Attorneys; Environment & Natural Resources Division;
Robert N. Stander, Deputy Assistant Attorney General;
Adam R.F. Gustafson, Acting Assistant Attorney General;
United States Department of Justice, Washington, D.C.;
Janell Bogue, Attorney, United States Department of the
Interior, Washington, D.C.; Nicole Leibow, Assistant United
States Attorney, Office of the United States Attorney, United
States Department of Justice, Las Vegas, Nevada; for
Defendants-Appellees.
COLVIN & SON, LLC V. BURGUM 5
OPINION
HOLCOMB, District Judge:
In 1971, Congress passed the Wild Free Roaming Horses
and Burros Act (“the Wild Horses Act” or “the Act”), to
protect wild horses and burros on the Nation’s public lands.
16 U.S.C. § 1331. The Act instructs the Bureau of Land
Management (“BLM”) to regulate those populations,
including by removing excess animals when an
overpopulation exists. Id. § 1333(b)(2). In that
circumstance, Congress directed BLM “immediately [to]
remove excess animals.” Id. In carrying out Congress’s
statutory directive, BLM determined on two separate
occasions relevant here that an overpopulation existed and
issued plans detailing the procedures for gathering and
removing excess horses (the “Gather Plans”).
Plaintiffs-Appellants Colvin & Son, LLC and Stone
Cabin Ranch brought this action under 5 U.S.C. §§ 706
(2)(A) and (2)(C) of the Administrative Procedure Act (the
“APA”), challenging the Gather Plans as contrary to the
Wild Horses Act’s immediacy requirement. The district
court granted summary judgment in favor of Defendants-
Appellees, and Plaintiffs-Appellants timely appealed. This
appeal presents the question of the meaning of Congress’s
command to remove excess animals “immediately.” 16
U.S.C. § 1333(b)(2).
We hold that the Wild Horses Act requires BLM to
promulgate plans that remove excess animals as promptly as
logistically and reasonably possible. Because the Gather
Plans meet that standard, we affirm the district court’s grant
of summary judgment for Defendants-Appellees.
6 COLVIN & SON, LLC V. BURGUM
I
A
When Congress enacted the Wild Horses Act, it declared
that “wild free-roaming horses and burros are living symbols
of the historic and pioneer spirit of the West” that “contribute
to the diversity of life forms within the Nation and enrich the
lives of the American people.” Id. § 1331. Out of concern
“that these horses and burros [were] fast disappearing from
the American scene,” Congress instructed that the animals
“be protected from capture, branding, harassment, or death
. . . in the area where presently found.” Id. Through the Act,
Congress “empowered [the Secretary of the Interior through]
BLM to manage horses roaming public ranges as part of its
management of public lands.” Am. Wild Horse Campaign v.
Bernhardt, 963 F.3d 1001, 1004 (9th Cir. 2020).
Indeed, the Wild Horses Act was “so successful at
replenishing the population of wild horses that ‘action [was]
needed to prevent [the] program from exceeding its goals
and causing animal habitat destruction.’” Id. at 1004– 05
(alteration in original) (quoting H.R. Rep. No. 95-1122, 95th
Cong., 2d Sess. at 23 (1978)). Accordingly, in 1978
Congress amended the Act to enable BLM more effectively
to “‘manage wild free-roaming horses and burros in a
manner that is designed to achieve and maintain a thriving
natural ecological balance on the public lands.’” Friends of
Animals v. Burgum, 164 F.4th 738, 745 (9th Cir. 2026)
(quoting 16 U.S.C. § 1333(a)).
To fulfill that mandate, BLM follows a multi-step
process. First, for population management purposes, BLM
divides public lands into herd management areas (“HMAs”).
See 43 C.F.R. § 4710.1. Next, after BLM designates HMAs,
the Act requires it to “maintain a current inventory of wild
COLVIN & SON, LLC V. BURGUM 7
free-roaming horses and burros on [those HMAs].” 16
U.S.C. § 1333(b)(1). Additionally, for each HMA, BLM
“determine[s] appropriate management levels of wild free-
roaming horses and burros.” Id. BLM bases its appropriate
management level (“AML”) determinations on scientific
recommendations, and it establishes the number of wild
horses that can be sustained within a designated HMA “in a
manner that . . . achieve[s] and maintain[s] a thriving natural
ecological balance.” Id. § 1333(a) (BLM “shall consider the
recommendations of qualified scientists in the field of
biology and ecology.”). Finally, for each HMA, BLM
periodically compares the current inventory population to
the AML to ascertain whether excess animals are present on
that HMA. See id. § 1333(b)(1). Through such
comparisons, BLM determines whether “an overpopulation
exists on a given area” and thus whether “action is necessary
to remove excess animals.” Id. § 1333(b)(2).
If BLM makes an overpopulation finding and thereby
concludes that action is necessary to remove the excess
animals, the Act provides that BLM “shall immediately
remove excess animals from the range so as to achieve
appropriate management levels.” Id. § 1333(b)(2). Those
efforts must continue “until all excess animals have been
removed so as to restore a thriving natural ecological balance
to the range, and protect the range from the deterioration
associated with overpopulation.” Id. The Wild Horses Act
directs BLM to relocate or destroy the removed animals, in
a humane manner and subject to certain constraints. See id.
To effectuate a removal, BLM devises a gather plan,
which includes an environmental assessment in compliance
with the National Environmental Policy Act of 1969
(“NEPA”), 42 U.S.C. §§ 4321– 4370. See generally Bureau
of Land Mgmt., U.S. Dep’t of the Interior, Wild Horses and
8 COLVIN & SON, LLC V. BURGUM
Burros Management Handbook H-4700-1 (2010) (setting
forth the relationship between NEPA’s environmental-
review requirements and BLM’s management decisions
under the Wild Horses Act). The environmental assessment
identifies the proposed action, considers alternatives, and
analyzes potential environmental effects. See 43 C.F.R.
§ 46.310(a). BLM then makes the proposed environmental
assessment available for 30 days of public review and
comment. See Bureau of Land Mgmt., U.S. Dep’t of the
Interior, Wild Horses and Burros Management Handbook
H-4700-1 § 7.2 (2010). After considering the comments
received, BLM issues a final environmental assessment and
decision record, which together finalize the gather plan and
authorize its implementation. See Bureau of Land Mgmt.,
Issuance of Wild Horse and Burro Gather Decisions, Bureau
of Land Management Policy (Mar. 15, 2019),
https://www.blm.gov/policy/pim-2019-004
[https://perma.cc/4KVK-7N9Q]. Plaintiffs-Appellants
challenge two final gather plans that BLM issued pursuant
to that process.
B
The Little Fish Lake Joint Management Area (“Little
Fish”) 1 covers 117,041 acres in Nye County, Nevada, and it
is jointly managed by BLM and the United States Forest
Service. The AML for Little Fish is 79 to 132 wild horses.
An aerial survey conducted in March 2021 counted 242 adult
1
Little Fish includes two distinct areas: (1) the Little Fish HMA
managed by BLM; and (2) the Little Fish Wild Horse Territory managed
by the Forest Service. Under an inter-agency agreement, Little Fish is
subject to a single gather plan. As pertains to this case, Little Fish is
managed similarly to an HMA—i.e., an AML is set and, if BLM
determines that the wild horse population in the area exceeds the AML,
BLM implements a removal plan.
COLVIN & SON, LLC V. BURGUM 9
wild horses in Little Fish, and based upon that count, BLM
estimated that the entire population in 2021 was 291 wild
horses—well exceeding the higher end of the AML range.
Accordingly, BLM determined “that excess wild horses
exist within Little Fish Lake” and that “[t]hese excess wild
horses need to be removed in order to achieve the established
AML, restore a thriving natural ecological balance[] and
prevent further degradation of rangeland resources.”
Subsequently, BLM developed a proposed gather plan to
remove the excess horses and, as part of that process,
prepared an environmental assessment analyzing the
proposed gather, its environmental effects, and alternatives.
Following that review, BLM issued a final environmental
assessment and Decision Record authorizing the gather.
The Little Fish Gather Plan “involve[s] three distinct
types of activities over the 10-year life of the plan:”
1. Initially, gather and remove excess
wild horses to achieve low AML either in a
single first gather or over multiple follow-up
gathers. Several factors could affect the
ability to achieve AML with a single first
gather, including: lower gather efficiencies,
an expected population undercount, and
limited contractor availability. If AML
cannot be achieved through a single first
gather, multiple follow-up gathers may be
used to achieve AML.
2. Administer and/or booster population
control measures to gathered and released
horses, along with sex ratio adjustment, to
slow population growth and maintain the
wild horse population within AML.
10 COLVIN & SON, LLC V. BURGUM
3. Conduct additional/maintenance
gathers after the initial gather(s) to bring wild
horse population back to low AML if the
population grows to again exceed AML
during the 10-year plan life after low AML
was achieved.
U.S. Dep’t of the Interior, Bureau of Land Mgmt., Little Fish
Lake Joint Management Area Wild Horse Gather Plan Final
Environmental Assessment (2022).
With respect to the implementation of those three types
of activities, the Little Fish Gather Plan explains that:
While the agency’s plan is to promptly
remove all excess animals above low AML,
it is unlikely that a single gather can achieve
this because of gather efficiency limitations
(animals evading capture during the gather
operations), logistical limitations (e.g.
weather conditions, terrain and large
geographic area to be gathered), population
inventory undercounts, space capacity
limitations (for holding removed animals),
and limited contractor availability and
expertise that limit the number of gathers that
can be conducted annually at the national
level. As a result, it often requires more than
a single gather to bring the population to low
AML, if only to capture animals that would
have been removed if they had not evaded
capture during the gather, or because a gather
was ended early due to inclement weather
conditions. BLM’s management to achieve a
COLVIN & SON, LLC V. BURGUM 11
thriving natural ecological balance is also not
limited to removing excess animals, but also
including measures to reduce annual
population growth and to allow for recovery
of degraded vegetation and riparian areas
impacted by the wild horse over
population—which requires a sufficient time
frame of active management to achieve these
objectives.
For these reasons, a ten-year gather plan
is needed to (1) remove excess wild horses
and burros and bring the population down to
low end of AML as expeditiously as
possible; (2) implement population control
measures over a sufficient period of time to
reduce population growth and measurably
reduce the number of excess animals that
would need to be removed from the [area];
and (3) to manage the wild horse population
at AML so as to provide sufficient time for
vegetation and riparian resources to recover
and reestablish.
Id. (emphasis added).
The Little Fish Gather Plan further clarifies that “[t]he
management objective for the Little Fish Lake . . . is to
achieve low AML as immediately as possible and to
maintain AML over the 10-year plan period through
population controls and removal of additional excess
animals if the population again exceeds AML.” Id.
(emphasis added).
12 COLVIN & SON, LLC V. BURGUM
C
The Stone Cabin Complex, which includes the Stone
Cabin HMA and the Saulsbury HMA, encompasses over
540,000 acres in Nye County, Nevada, and it has an AML
range of 242 to 404 wild horses. Based upon a 2021 count,
BLM estimated that the total population of wild horses was
1,097. Relying on that estimate, BLM determined that an
overpopulation of wild horses existed and that removal
actions were necessary to achieve AML. Accordingly, BLM
issued a final decision and accompanying environmental
assessment for the Stone Cabin Complex, which describes
the plan for removing excess animals from the Stone Cabin
Complex.
As with the Little Fish Gather Plan, the Stone Cabin
Gather Plan consists of “three distinct types of management
activities.” Those three activities are as follows:
1. Initially, gather and remove excess
wild horses to achieve low AML within the
proposed gather area either in a single first
gather or with a follow-up gather(s) if all
excess animals are not captured and
removed in a single initial gather. Based on
BLM’s experience over the past decades,
there are a number of logistical and
operational factors that can affect BLM’s
ability to achieve AML with a single gather,
including (but not limited to): that gathers
typically achieve less than a 100% gather
efficiency (i.e., all wild horses in the herd
cannot be gathered or observed to determine
how many remain in an HMA since wild
horses evade capture or remain hidden from
COLVIN & SON, LLC V. BURGUM 13
view during a helicopter gather); the likely
population undercount can result in
additional excess wild horses being identified
in a follow-up inventory even when the
targeted numbers of estimated excess wild
horses have been removed; weather
conditions may impede achieving the
targeted removal numbers during gather
operations, and limited contractor availability
that impacts the ability to continue with a
gather until all excess animals have been
removed. For this reason, if low AML cannot
be achieved through a single first gather, a
follow-up gather(s) may be necessary to
achieve low AML.
2. Over the 10-year period, apply
population growth suppression methods (i.e.
fertility control vaccines, gelding, adjustment
of sex ratio, and/or flexible intrauterine
devices), including administering vaccine
initial doses and booster doses to gathered
and released horses over multiple gathers, to
slow population growth and maintain the
wild horse population within AML to allow
for resource recovery and reduce the number
of excess animals that have to be removed
from the public range over time . . . . Fertility
control measures will be applied even if low
AML is not reached during an initial gather.
3. Over the 10-year period, manage for
a population that ensures a thriving natural
ecological balance by conducting
additional/maintenance gathers after the
14 COLVIN & SON, LLC V. BURGUM
initial gather(s) to bring wild horse
population back to low AML if the
population grows to again exceed high AML
during the 10-year plan life after low AML
was achieved, in order to provide a sufficient
period of time for degraded range resources
to recover.
U.S. Dep’t of the Interior, Bureau of Land Mgmt., Stone
Cabin Complex Wild Horse Gather Plan Environmental
Assessment (2023) (emphasis added).
With respect to timing, the Stone Cabin Gather Plan
declares that it is consistent with 43 C.F.R. § 4720.1, which
requires BLM to “remove the excess animals immediately”
upon its determination that such excess animals exist. Id.
Additionally, in its discussion of why BLM did not analyze
certain alternative action plans, the Stone Cabin Gather Plan
repeatedly clarifies that those alternative plans were
inconsistent with the directive “immediately [to] remove
excess wild horses.”
Plaintiffs-Appellants challenged the Little Fish Gather
Plan and the Stone Cabin Gather Plan in separate lawsuits,
which the district court consolidated given the similarity of
those plans. In their respective complaints, Plaintiffs-
Appellants asserted a single claim under § 706(2) of the
APA, alleging that the Gather Plans violated the Wild Horses
Act’s immediacy requirement. After the district
court bifurcated the case into a merits and a remedies
phase, the parties cross-moved for summary judgment. The
district court then granted summary judgment in
favor of Defendants-Appellees. Plaintiffs-Appellants timely
appealed.
COLVIN & SON, LLC V. BURGUM 15
II
We have jurisdiction over this appeal under 28 U.S.C.
§ 1291. We review “de novo a district court’s grant of
summary judgment.” All. for the Wild Rockies v. Petrick, 68
F.4th 475, 485 (9th Cir. 2023) (citation modified).
Plaintiffs-Appellants challenge the Gather Plans as
agency action, seeking review under §§ 706(2)(A) and
(2)(C) of the APA. 5 U.S.C. §§ 702, 706. A reviewing court
must set aside an agency action that is “arbitrary, capricious,
an abuse of discretion, or otherwise not in accordance with
law” or that is “in excess of statutory jurisdiction, authority,
or limitations, or short of statutory right.” Id. §§ 706(2)(A),
(C). An agency violates the APA when it “has relied on
factors which Congress has not intended it to consider,
entirely failed to consider an important aspect of the
problem, offered an explanation for its decision that runs
counter to the evidence before the agency, or is so
implausible that it could not be ascribed to a difference in
view or the product of agency expertise.” Motor Vehicle
Mfrs. Ass’n of U.S., Inc. v. State Farm Mut. Auto. Ins., 463
U.S. 29, 43 (1983).
When a party argues that an agency has acted in violation
of a statute, we “exercise independent judgment in
determining the meaning of statutory provisions.” Loper
Bright Enters. v. Raimondo, 603 U.S. 369, 394 (2024). In
exercising such judgment, we may “seek aid from the
interpretations of those responsible for implementing
particular statutes.” Id.
When reviewing a grant of summary judgment, we
“determine, viewing the evidence in the light most favorable
to the nonmoving party, whether the district court correctly
applied the relevant substantive law and whether there are
16 COLVIN & SON, LLC V. BURGUM
any genuine issues of material fact.” In Def. of Animals,
Dreamcatcher Wild Horse & Burro Sanctuary v. U.S. Dep’t
of Interior, 751 F.3d 1054, 1061 (9th Cir. 2014) (quoting
Balint v. Carson City, 180 F.3d 1047, 1050 (9th Cir. 1999)
(en banc)).
III
The issue on appeal is whether the Gather Plans comply
with BLM’s statutory directive “immediately [to] remove
excess animals from the range so as to achieve appropriate
management levels.” 16 U.S.C. § 1333(b)(2). In other
words, the relevant inquiry is whether BLM violated the
Wild Horses Act by promulgating Gather Plans that fail to
require it to act more quickly, not whether BLM in fact acted
quickly enough. Because our review is limited to “the
administrative record in existence at the time of the agency’s
decision,” we analyze the administrative record in existence
at the time that BLM promulgated the Gather Plans. See
Friends of the Clearwater v. Dombeck, 222 F.3d 552, 560
(9th Cir. 2000) (citing Citizens to Pres. Overton Park, Inc.
v. Volpe, 401 U.S. 402, 420 (1971), overruled on other
grounds by Califano v. Sanders, 430 U.S. 99 (1977)).
A
Both sides call upon us to interpret the statutory language
“immediately remove excess animals from the range so as to
achieve appropriate management levels.” 16 U.S.C.
§ 1333(b)(2). Plaintiffs-Appellants argue that the Gather
Plans failed to comply with the Act’s immediacy
requirement because they permitted some delay before the
removal of animals. Defendants-Appellees respond that the
district court correctly determined that BLM was obligated
to require the removal of animals only as “promptly” as
reasonably possible, even if some delay resulted.
COLVIN & SON, LLC V. BURGUM 17
As with all questions of statutory interpretation, we
begin with the text of the statute. Lackey v. Stinnie, 604 U.S.
192, 199 (2025). The plain, ordinary meaning of
“immediately” contemplates prompt action. Black’s Law
Dictionary defines “immediately” as “without delay;
instantly, directly, or straightaway.” Immediately, Black’s
Law Dictionary (12th ed. 2024). 2 But the Black’s Law
Dictionary definition hastens to add that “[i]n temporal
terms, the sense of immediately can vary according to
context,” such that “the term has a great deal of elasticity.”
Id. In view of the plain, ordinary meaning of the text, BLM
must act as promptly as possible to remove excess animals.
However, that is not the end of the inquiry because we must
also look to the context of that statutory directive to
determine its meaning.
“It is a fundamental canon of statutory construction that
the words of a statute must be read in their context and with
a view to their place in the overall statutory scheme.” San
Francisco Herring Ass’n v. U.S. Dep’t of the Interior, 33
F.4th 1146, 1152 (9th Cir. 2022) (quoting Davis v. Mich.
Dep’t of Treasury, 489 U.S. 803, 809 (1989)) (citation
modified). Adjoining provisions of the Wild Horses Act
grant BLM discretion and condition the speed of removal on
other mandated considerations.
2
Black’s Law Dictionary is consistent with other, lay dictionaries.
Webster’s Third New International Dictionary, published 10 years
before the passage of the Wild Horses Act, defined “immediately” as
“without interval of time; without delay; straightaway.” Immediately,
Webster’s Third New International Dictionary (3d ed. 1961). The
Compact Edition of the Oxford Dictionary, issued in the same year as
the Wild Horses Act, defined “immediately” as “[w]ithout any delay or
lapse of time; instantly, directly, straightaway; at once.” Immediately,
The Compact Edition of the Oxford English Dictionary (1971).
18 COLVIN & SON, LLC V. BURGUM
While the Wild Horses Act directs BLM to remove
excess animals immediately, it then prescribes a multi-step
process to effect removal. See 16 U.S.C. §§ 1333(b)(2)(A)–
(C). First, the Act instructs BLM to order the destruction of
old, sick, or lame animals “in the most humane manner
possible.” Id. § 1333(b)(2)(A). Next, the Act directs BLM
to cause any additional excess animals “to be humanely
captured and removed for private maintenance and care for
which [BLM] determines an adoption demand exists by
qualified individuals, and for which [BLM] determines [it]
can assure humane treatment and care (including proper
transportation, feeding, and handling).” Id. § 1333(b)(2)(B).
Finally, the Act directs BLM to “cause additional excess
wild free-roaming horses and burros for which an adoption
demand by qualified individuals does not exist to be
destroyed in the most humane and cost efficient manner
possible.” Id. § 1333(b)(2)(C).
Such a segmented process, by its very nature,
acknowledges that removal cannot be accomplished
instantaneously. The Wild Horses Act not only requires
BLM to follow a specific sequence of removal actions, but
it also conditions those actions on the humane treatment and
care of the animals, on the qualifications of the individuals
adopting those animals, and on the cost-efficiency of actions
to destroy excess animals. Therefore, practically, BLM must
devise and enact removal strategies that encompass multiple
steps and balance immediacy with conditions related to
animal wellbeing and cost-efficiency.
Moreover, the Wild Horses Act expressly mandates that
BLM shall “manage wild free-roaming horses and burros in
a manner that is designed to achieve and maintain a thriving
natural ecological balance on the public lands.” Id.
§ 1333(a). In service of that purpose, the Act requires BLM
COLVIN & SON, LLC V. BURGUM 19
to “consider the recommendations of qualified scientists in
the field of biology and ecology, some of whom shall be
independent of both Federal and State agencies and may
include members of the Advisory Board established [by the
Wild Horses Act].” Id. In addition to considering those
recommendations, “[a]ll [of BLM’s] management activities
. . . shall be carried out in consultation with” relevant state
wildlife agencies. Id. An overly rigid immediacy
requirement would prevent BLM from considering the
recommendations of qualified individuals and complying
with its other statutory obligations, and would thus constrain
BLM’s ability to achieve and maintain a thriving ecological
balance on public lands.
In sum, the Act’s detailed and potentially competing
procedural mandates create practical realities that temper
BLM’s duty “immediately [to] remove” excess animals.
BLM cannot simply snap its fingers, Thanos-like, and
thereby remove all excess animals from the contemplated
range. So while BLM must remove excess animals as
promptly as possible, the Act’s express and implicit
conditions provide BLM with discretion to do so in a manner
that makes it possible to implement Congress’s other
directives.
Ultimately, the provisions of the Wild Horses Act that
surround the immediacy requirement make clear that
Congress delegated to BLM significant authority to
condition the timing of its removal actions on its other
statutory obligations and practical constraints. Because it is
our role to “police the outer statutory boundaries of [that]
delegation[],” Loper Bright, 603 U.S. at 404, we adopt an
interpretation that leaves ample room for BLM to craft the
specific timing requirements in its gather and removal plans.
Accordingly, we read the Wild Horses Act to require BLM
20 COLVIN & SON, LLC V. BURGUM
to remove excess animals from the range to achieve
appropriate management levels as promptly as logistically
and reasonably possible, taking into account the humane
treatment of the wild horses and burros and other
considerations required by the Act.
B
Having decided that the immediacy requirement leaves
room for BLM to modulate the speed of its removal actions
on practical realities and statutorily required considerations,
the question remains whether the Gather Plans at issue here
violate the immediacy requirement. Plaintiffs-Appellants
contend that the Gather Plans violate the Wild Horses Act in
two specific ways. First, Plaintiffs-Appellants argue that the
Gather Plans violate the immediacy requirement because the
Plans lack any timing requirement for conducting the
prescribed initial gathers. Second, Plaintiffs-Appellants
assert that the Gather Plans violate the immediacy
requirement because they condition population control
measures and follow-up gathers upon off-site conditions,
such as funding limitations and competing national
priorities, that are not included in the Wild Horses Act. We
conclude that both Gather Plans comply with the Wild
Horses Act’s immediacy requirement.
The first argument fails to persuade because the Wild
Horses Act does not require that removal actions occur
within a specific time frame. Nor does the Act require BLM
to set a specific time frame for removal actions. Rather, as
discussed above, the Wild Horses Act delegates to BLM
significant discretion regarding timing. In this instance,
BLM acted comfortably within its statutory authority. Both
Gather Plans expressly direct BLM to undertake the initial
gather activity—which is designed to achieve low AML—
COLVIN & SON, LLC V. BURGUM 21
promptly, and the Plans do not condition the initial gather on
any external consideration. At most, the Plans acknowledge
potential practical difficulties in achieving low AML
through a single gather. The Plans acknowledge, for
example, that weather conditions can thwart an initial gather.
Those are precisely the kinds of practical constraints that the
Wild Horses Act grants BLM the discretion to consider. See,
e.g., 16 U.S.C. § 1333(b)(2)(B).
Beyond the absence of elective delay, the Little Fish
Gather Plan declares that “[BLM]’s plan is to promptly
remove all excess animals above low AML” and that the
Plan is needed to “remove excess wild horses and burros and
bring the population down to low end of AML as
expeditiously as possible.” The Little Fish Gather Plan
further clarifies that “[t]he management objective for [Little
Fish] is to achieve low AML as immediately as possible.”
Similarly, the Stone Cabin Gather Plan declares that it is
consistent with 43 C.F.R. § 4720.1, which requires BLM to
“remove the excess animals immediately” upon its
determination that such excess animals exist. Both Gather
Plans contextualize the promptness language by discussing
the possible logistical barriers to achieving AML quickly.
Those discussions do not constitute evidence of delay;
instead, they demonstrate that BLM seriously considered its
statutory mandate and acted reasonably in its effort to
achieve AML promptly.
Contrary to Plaintiffs-Appellants’ suggestion, the
absence of a concrete temporal requirement does not allow
for the indefinite deferral of an initial gather. Instead, the
Gather Plans’ promptness language makes clear that BLM
cannot infinitely defer initial gathers without violating the
Gather Plans. Additionally, an appropriate party may bring
a challenge under § 706(1) of the APA if that party believes
22 COLVIN & SON, LLC V. BURGUM
that BLM has unreasonably delayed in fulfilling its statutory
obligation to remove excess animals with sufficient speed.
Plaintiffs-Appellants’ second argument is outside the
scope of the Wild Horses Act’s immediacy requirement.
Plaintiffs-Appellants argue that BLM violated the Wild
Horses Act by conditioning follow-up gathers and
population control measures on funding limitations and
competing national priorities. But the Act requires BLM
“immediately [to] remove excess animals from the range so
as to achieve appropriate management levels.” 16 U.S.C.
§ 1333(b)(2) (emphasis added). The conditions to which
Plaintiffs-Appellants object concern population-
maintenance strategies implemented after a low AML has
already been achieved, rather than the initial activities
undertaken to reach that low AML. The Gather Plans do not
subject the initial gathers to any such conditions, and
Plaintiffs-Appellants point to no other statutory authority
that would prohibit BLM from considering such conditions
in its maintenance actions. Thus, the immediacy
requirement is inapplicable to those maintenance actions and
their attendant conditions.
C
In sum, the Wild Horses Act’s immediacy requirement
mandates that BLM promulgate gather plans that remove
excess animals as promptly as logistically and reasonably
possible. But the Wild Horses Act grants BLM significant
discretion to determine what is logistically and reasonably
possible, provided that the considerations are grounded in
the text of the Act. Neither of the Gather Plans at issue here
runs afoul of the outer limits of BLM’s discretion.
AFFIRMED.