Department of Justice appeals D.C. Court of Appeals decision
Thursday, October 6, 2022
On Thursday October 6, 2022 the Department of Justice appealed the recent D.C Circuit Court of Appeals opinion. That opinion reversed the district court’s dismissal of the Humane Society of the United States’ (HSUS) case against the USDA claiming the 2017 Horse Protection rule could not be withdrawn without notice and comment because the rule was final. The rule was never published in the Federal Register, which has been the longstanding threshold for a rule to become final. The DOJ is seeking panel rehearing.
The district court agreed with the USDA that the rule had not met the requirements to become final and thus USDA could withdraw without notice and comment. In a 2-1 opinion, the court of appeals overturned the lower courts decision. The DOJ is only appealing the remedy in the case and asking the court to delete a portion of its opinion so that the district court would have wide discretion to fashion a remedy. The USDA has already begun new rulemaking in Horse Protection that would include among other things items from the 2021 report of the National Academies of Science.
More information on the impact of this appeal and other decisions of the court will be coming in the next several days.
More Stories |
-
Read More
-
Jean Ellen Roberts was born November 21, 1946 to the parents of Harold and Edna Gritz. Jeannie passed away peacefully May 13, 2026 at her home in Wildersville.
Read More
-
The Tennessee Walking Horse Youth Association (TWHYA) will host a judging contest and ice cream sundae bar on Friday night (May 22) of the Celebration Spring Fun Show. The ice cream sundae bar will be open to everyone and will be a fundraiser for the youth. This ice cream will be provided by local favorite Nash Family Creamery.
Read More
-
The Cullman County Classic has announced two additions to the schedule for its show on Saturday, May 16. Class 1A will be the Riders’ Cup Model Open, while Class 5A will be Juvenile Ponies.
Read More
-
SHELBYVILLE, Tenn. — Attorneys representing industry plaintiffs in the federal lawsuit challenging portions of the USDA’s enforcement of the Horse Protection Act filed a reply brief Friday urging the court to fully vacate the contested disqualifications from the 2024 Tennessee Walking Horse National Celebration Association as well as the underlying rules used to impose them.
Read More
-
Woody Yes He Wood, affectionately known as “Woody,” passed away at the age of 23, leaving behind a legacy that will long be remembered by the many children, families and friends who loved him.
Read More
-
Douglas Eric Barrett, age 58, passed away May 7, 2026, at his residence. He was a lifelong resident of Murfreesboro and a horse trainer.
Read More
-
Read More
-
The Walking Horse Owners’ Association (WHOA) has released the official list of finalists for the 2026 Premier, featuring an accomplished group of contenders along with their riders and owners.
Read More
-
This weekend, the City of Shelbyville will be conducting roadwork on Midland Road off the Peacock Lane entrance (near Racetrac). Please plan to use the Decatur Street entrance (by Walmart) when arriving to the show.
Read More
|