Research Guides: Environmental Science &amp; Management Research Guide: Putting it All Together An Example of Legal Research

Research Question

What is the body of law on the protection of wild horses and burros?


Statutory Law

A federal statute with the popular name Wild Free-Roaming Horses and Burros Act was passed in 1971 by the 92nd Congress as Pub. L. 92-195. The statute was officially published in Statutes at Large as 85 Stat. 649 and it was codified, along with subsequent amendments to the original 1971 act, in the United States Code as 16 U.S.C. 1331-1340.

Secondary sources consulted to find this information:

Shepard's Acts and Cases by Popular Names (source listed in Statutory, Case and Administrative Law: Federal and California)
Conservation and the Law: a Dictionary (Donahue) (source listed in Environmental / Natural Resources Law)
Federal Wildife Laws Handbook with Related Laws (Musgrave) (source listed in Wildlife - Laws and Regulations)

Legislative History

Congressional Hearings
- Protection of Wild Horses on Public Lands. Hearings, Ninety-second Congress, First Session, on H.R. 795, H.R. 5375 and Related Bills. April 19 and 20, 1971 (United States. Congress. House. Committee on Interior and Insular Affairs. Subcommittee on Public Lands ) 1971 (available in the HSU Library on CIS microfiche 1971 H441-18)
- Protection of Wild Horses and Burros on Public Lands. Hearing, Ninety-second Congress, First Session ... April 20, 1971 (United States. Congress. Senate. Committee on Interior and Insular Affairs. Subcommittee on Public Lands ) 1971 (available in the HSU Library on CIS microfiche S441-17)
Committee Reports
- House Report 92-480 Requiring Protection, Management and Control of Wild Free-roaming Horses and Burros on Public Lands: Report (to Accompany H.R. 9890)(United States. Congress. House. Committee on Interior and Insular Affairs) 1971 (available in the HSU Library in Serial Set 12932)
- Senate Report 92-242 Protection, Management and Control of Wild Free-roaming Horses and Burros on Public Lands: Report (to Accompany S. 1116) (United States. Congress. Senate. Committee on Interior and Insular Affairs) 1971 (available in the HSU Library in Serial Set 12929)
- House Report 92-681 Protection, Management, and Control of Wild Free-roaming Horses and Burros on Public Lands: Conference Report (to Accompany S. 1116)(United States. Congress) 1971 (available in the HSU Library in Serial Set 12932)
Sources Consulted
- Digest of Public General Bills & Resolutions (Docs LC 14.6) (source listed in Statutory, Case and Administrative Law: Federal and California)
- CIS Annual: Legislative Histories of US Public Laws (Docs Abstr KF 49 C62) (source listed in Statutory, Case and Administrative Law: Federal and California)

Case Law

There are two major federal court cases that have ruled on the legality of the statute. In Kleppe v. New Mexico (published in United States Reports as 426 U.S. 529) the United States Supreme Court in 1976 ruled that the act is a valid exercise of Congress's power under the Property Clause of the Constitution. In Mountain States Legal Foundation v. Hodel (published in Federal Reporter, Second Series as 799 F. 2nd 1423) the 10th Circuit Court of Appeals in 1986 upheld the statute against claims that it resulted in a taking of private property by protecting wild horses grazing on private lands.

Secondary sources consulted to find this information:

Conservation and the Law: a Dictionary (Donahue) (source listed in Environmental / Natural Resources Law)
Corpus Juris Secundum (source listed in Legal Reference Resources)
United States Code Service in the LexisNexis Academic database. The "Interpretation Notes and Decisions" annotated section includes major judicial and administrative decisions interpreting each code section. (source listed in Statutory, Case and Administrative Law: Federal and California, e.g., 16 U.S.C.A. 1331 and following sections.

Administrative Law

Federal administrative regulations relating to wild horse and burro protection and management appear in the Code of Federal Regulations in two parts since the code is organized by agency and both the U.S. Forest Service and the U.S. Bureau of Land Management are the responsible agencies. Regulations appear in 43 C.F.R. 4700 and in 36 C.F.R 222

Sources consulted to find this information:

United States Code Service in the LexisNexis Academic database. The "Code of Federal Regulations" annotated section gives citations to parallel CFR regulations under each code section. (source listed in Statutory, Case and Administrative Law: Federal and California), e.g., 16 U.S.C.A. 1331 and following sections.
Code of Federal Regulations Index and Finding Aids section on Parallel Table of Rules and Authorities lists by statutory authority (US Code, etc.) parallel regulations codified in the CFR. (source listed in Statutory, Case and Administrative Law: Federal and California)
United States Code (Cornell University, Legal Information Institute). For many code sections includes citations to parallel CFR regulations. (source listed in Statutory, Case and Administrative Law: Federal and California)