Texas Court Case Completed
Thursday, May 1, 2025
The industry’s lawsuit against the USDA’s final rulemaking has cleared its final hurdles with the deadlines for the USDA to appeal the decision or anyone other party’s attempt to intervene and appeal passed. That means the case is closed and the industry will now move forward with the pending litigation in West Tennessee that challenges the current enforcement of the HPA in the areas of due process, scar rule and post show inflammation.
Judge Matthew J, Kacsmaryk summarized in his opinion, “The Court HOLDS that: (1) USDA exceeded its statutory authority by promulgating a blanket prohibition on action devices, pads and substances; (2) the DCIS provision replacing the Scar Rule fails to provide adequate due process; and (3) the lack of genuine pre- and post-deprivation review in the 2024 Rule fails to provide adequate due process. The USDA did prevail on the Horse Protection Inspector provision in the rule, which would have eliminated Designated Qualified Persons as inspectors, but USDA has since postponed that portion of the rule another year and a comment period will close on May 20th allowing stakeholders to weigh in on the delay and how USDA should proceed.
The next step in the Wright’s v. USDA lawsuit is an oral argument on the USDA’s motion to dismiss. This hearing will be held Tuesday May 6th, in Memphis. The USDA is seeking to limit the relief in the case to the Wright’s and not allow the relief to apply industry wide. Two federal courts, the Honors case in the 11th Circuit and the Celebration’s case in the 5th (the case just completed), have now ruled that the current enforcement scheme employed by USDA violates the due process rights of exhibitors.
The USDA must incorporate a new system that allows some form of due process which Judge Kacsmaryk emphasized in his opinion must be pre-deprivation and not post-deprivation due process, like the USDA attempted to provide in their most recent rulemaking.
More Stories |
-
The ETWHA Ladies Auxiliary Show, set for Saturday, June 21st, has made a few exciting updates to its class schedule. A Three-Year-Old Walking Mares and Geldings Open (TC) class has been added as Class 15A, and Class 25 will now feature a Three-Year-Old Walking Stallions Open (TC) class. Jackie Byrom will serve as the judge for the event.
Read More
-
SHELBYVILLE, Tenn. — The Southern Association of State Departments of Agriculture (SASDA) held its annual meeting in Nashville this year and, as part of the scheduled activities, visited Allan Callaway Stables on Sunday, June 15, 2025.
Read More
-
Christmas in July Show announces a show update: two exciting new classes have been added to the schedule.
Read More
-
The Shelbyville Tennis Club Horse Show has announced the addition of two new classes to its schedule.
Read More
-
Read More
-
The East Tennessee Walking Horse Classic has rescheduled its June 7th show to Saturday, July 26, 2025. The event will take place at the South Central Puritan Show Grounds in Chuckey, Tennessee.
Read More
-
Stephen Vaden, a native of Union City, Tennessee, was confirmed as deputy secretary of agriculture on Tuesday, June 10, 2025, by a vote of 51 to 44 on the Senate floor. Vaden currently serves as a judge on the U.S. Court of International Trade and will transition to the U.S. Department of Agriculture. President Donald Trump nominated Vaden for the post on Dec. 22, 2024.
Read More
-
The TWHYA SUMMER SPLASH will offer two convenient options for making entries.
Read More
-
Four of the leading organizations in the Tennessee Walking Horse industry - The Foundation for the Advancement and Support of the Tennessee Walking Show Horse (FAST), Tennessee Walking Horse Breeders' & Exhibitors' Association (TWHBEA), Tennessee Walking Horse National Celebration (TWHNC), and the Walking Horse Trainers’ Association (WHTA).
Read More
-
The Tennessee Walking Horse Breeders’ & Exhibitors’ Association (TWHBEA) is pleased to announce its new sponsorship of the Miscellaneous Division in the Walking Horse Trainers’ Association (WHTA) Riders Cup program.
Read More
|