On June 1, 2023, Judge Beryl A. Howell granted the United States Department of Agriculture’s request for additional time to properly withdraw the 2017 Horse Protection rule.  In Judge Howell’s initial decision, she granted USDA 120 days to either properly withdraw the 2017 rule or enact a new Horse Protection rulemaking.  That new rulemaking process has begun but has not yet reached the stage of going out for public comment.
 
The USDA responded in the 10 days granted by Judge Howell asking for an additional 60 days to the initial 120 days and stated they intend to withdraw the 2017 rule.  The USDA will continue to work on a new rule that takes into effect new information and data, most specifically the study by the National Academies of Science regarding the inspection protocol and scar rule.  There is no definitive timetable on when the new rule will be made public for comment.