What is the likelihood of success on the merits of a motion seeking a preliminary injunction under the Wild Horse Protection Act?

Defense of Animals v. Salazar, 675 F.Supp.2d 89 (D.D.C.2009). As an initial matter, that case involved the denial of a preliminary injunction and rested on a balancing of the preliminary injunction factors rather than a definitive legal ruling on the merits. See id. at 9596 (discussing likelihood of success on the merits). More importantly, although the court purported to consider the purpose of the statute, see id., it completely ignored the actual text of the statute defining its purpose as to protect the wild horses from capture or harassment and to do so where the horses were presently found. 16 U.S.C. 1331.