United States ex rel. Bergen v. Lawrence
United States Court of Appeals for the Tenth Circuit
848 F.2d 1502 (1988)
Lawrence's (defendant) 28-mile fence, built entirely on his private land but enclosing federal land within a critical pronghorn antelope winter habitat, was antelope-proof and caused 700 antelope to starve trying to reach their winter range; the government (plaintiff) sued under the Unlawful Inclosures of Public Lands Act, and the district court, informed by the Federal Land Policy and Management Act's requirement that federal land support wildlife habitat, ordered the fence removed or modified, with Lawrence arguing the Act didn't protect wildlife and required proof of denied access by legally entitled persons.
Whether, under the Unlawful Inclosures of Public Lands Act, a private landowner may enclose federal land within a fence that prevents wildlife from accessing food on the land.