Kleppe v. New Mexico

Congress's Wild Free-Roaming Horses and Burros Act protected unbranded, unclaimed horses and burros on federal land, authorizing agreements with state and local governments; after the New Mexico Livestock Board (Board) (plaintiff) terminated its 1973 agreement under the Act - arguing Congress lacked power to regulate horses and burros absent interstate movement or damage to public lands - and rounded up and auctioned 19 unbranded burros, the Bureau of Land Management under Secretary Thomas Kleppe (defendant) demanded New Mexico recover and return the burros. New Mexico sued, claiming the Act unconstitutional, and the district court agreed and enjoined enforcement, prompting Kleppe's appeal.