The Center for Biological Diversity filed a court motion in early December to dismiss a lawsuit brought by the New Mexico Cattle Growers’ Association (NMCGA) challenging the U.S. Forest Service’s (USFS) removal of feral cattle from the Gila Wilderness in New Mexico in 2023.
“The Forest Service did right by the Gila Wilderness, its endangered animals and the public by finally ending decades of damage from feral cattle,” said Taylor McKinnon of the Center. “Now that the job’s finished, the industry’s lawsuit has no leg to stand on. Our motion calls for the lawsuit to be thrown out.”
The environmental group had intervened in the livestock group’s suit to block the agency’s 2023 estray cattle removal plan. That case is currently before the 10th U.S. Circuit Court of Appeals after the District Court for the District of New Mexico earlier this year ruled to uphold the agency’s plan.
The Center for Biological Diversity called on the court to dismiss the livestock industry’s suit as moot, since USFS has not detected any feral cattle since operations concluded in 2023. In addition, USFS withdrew its decision authorizing the plan in mid-November.
Background
In early 2023, the USFS initiated aerial shooting operations to cull feral cattle in the Gila National Forest, citing environmental degradation and threats to wildlife habitats and public safety.
The NMCGA, along with private ranchers and the Humane Farming Association, had attempted to stop the agency from shooting the estray cattle by filing suit in February 2023. The groups argued the agency violated federal regulations by not following proper procedures for removing unauthorized livestock.
NMCGA said it was concerned about the precedent the shootings would set, and the impacts on private property. In addition, the association said lethally removing the cattle was a waste of beef, and there would be consequences to the agency’s improper carcass management.
The groups were denied their requests for a temporary restraining order and preliminary injunction.
“The plaintiffs express concerns regarding the operation’s impact on goodwill and the potential loss of customers, but these potential harms are not sufficient to justify the granting of injunctive relief here,” the court wrote in its opinion.
Shortly after the livestock groups filed suit, the Center for Biological Diversity intervened in the lawsuit in support of USFS. Later that fall, the court granted the group the right to intervene.
A year after the aerial shooting operations took place, in February 2024, a four-hour-long hearing was held between the involved parties. Nearly another full year later, in January 2025, the district judge maintained that USFS complied with all laws, and the livestock industry lawsuit against the agency was dismissed. The ruling gave the Gila National Forest full legal authority to remove feral livestock from federal lands. NMCGA then appealed the decision to the 10th Circuit.
In November 2025, the agency withdrew its decision authorizing the project, explaining “the desired outcomes of this project have been achieved” after there have been no signs of feral cattle since removal efforts concluded in 2023. — Anna Miller Fortozo, WLJ managing editor
