Wyoming v United States Department of the Interior

Wyoming appealed the dismissal of its suit seeking review of Department’s decision to not remove excess wild horses from seven areas of public land. The panel affirmed. It held that under 16 USC 133(b), removal is only required if there are excess horses (which is the case here) and Department decides that removal is necessary (which did not happen here). Thus, there was mandatory duty to remove, no failure to act and thus no basis for relief under the administrative Procedures Act.