Animal Protection Institute of America v. Hodel
Summary: The Ninth Circuit held that the Secretary could not transfer title to a private individual whom the secretary knows will commercially exploit the adopted horse. The Secretary argued that the WFRHBA placed only one requirement on the transfer of title: the private individual must humanely care for and maintain the horse for one year prior to title transfer. The court, however, concluded that the statute commands the secretary to not only determine that the animal has been well cared for, but also that the adopter remains a qualified individual. Given the statute’s prohibition of commercial exploitation of wild horses as well as its concern with their humane treatment, the court concluded that a private individual cannot remain a “qualified individual” if he or she intends to commercially exploit the horse after they obtain title.
The Ninth Circuit held that the Secretary could not transfer title to a private individual whom the secretary knows will commercially exploit the adopted horse. The Secretary argued that the WFRHBA placed only one requirement on the transfer of title: the private individual must humanely care for and maintain the horse for one year prior to title transfer. The court, however, concluded that the statute commands the secretary to not only determine that the animal has been well cared for, but also that the adopter remains a qualified individual. Given the statute’s prohibition of commercial exploitation of wild horses as well as its concern with their humane treatment, the court concluded that a private individual cannot remain a “qualified individual” if he or she intends to commercially exploit the horse after they obtain title.