Kleppe v. Nm

Kleppe v. Nm

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  • Just because we don't have a mark saying we are someone's, does that mean we should be killed?
  • I fount wild burros grazing on my land. This isn't going to work!!! They need to be killed or something! I'm calling the WFRHBA. 
  • Since WFRHBA wouldn't do anything, we the New Mexico live stock board took the animals and auctioned them off. 
  •  the BLM has jurisdiction under the WFRHBA and we wanted the animals back but since you went under the law you have a lawsuit now!
  • Congress passed a law protecting wild horses and burros on federal lands. The New Mexico Livestock Board removed some burros that were interfering with a rancher’s livestock operation. The government sued to recover the animals and return them to the wild.
  • We rule that the WFRHRA is unconstitutional. We find that under the Constitution in article 5 
  • Kelly Stephenson, found wild burros grazing on his land and on the federal land where he had a grazing permit. Stephenson complained to BLM, but BLM refused to do anything.
  • The WFRHRA don't have evidence that the animals were causing harm to the land.
  • The New Mexico Livestock Board, acting under state law then seized nineteen burros from federal land and sold them at public auction.  The BLM had that jurisdiction under the WFRHBA and demanded the return of the animals. New Mexico then filed suit, claiming that the federal law was unconstitutional
  • The act was passed now we can roam and graze. 
  • The case was heard by a three judge panel. The panel declared the WFRHBA unconstitutional, stating that its authority was derived from the territorial clause,  Article 5 of the Constitution. but that animals do not become federal property simply by being on federal land.
  • but arguing that the WFRHBA presented no evidence that horses or burros were inflicting damage,the court enjoined the federal government from enforcing the Act, holding that the statute unconstitutionally exceeded the federal government's authority by protecting free-roaming horses and burros, rather than the land upon which they lived.
  • Now horses and burros can graze!
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