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 Banquet has been rescheduled to January 31st, 2026, due to the threat of severe weather over the weekend.
Read More
-
Due to the forecast of significant wintry weather expected later this week, the PWHAT Banquet has been rescheduled for February 27, 2026, at the Bell Buckle Banquet Hall. Please visit the PWHAT Facebook page for additional updates and information.
Read More
-
The Eastern Kentucky Walking and Racking Horse Association banquet scheduled for this Saturday has officially been rescheduled for March 7th. The event will remain at the same time and location.
Read More
-
Read More
-
The Appalachian Walking & Racking Horse Association (AWRHA) Board of Directors are in close contact with other state organizations regarding the industry’s legal challenges and the “Inclusive Alliance” proposal from industry stakeholders – TWHBEA, TWHNC, and WHTA.
Read More
-
The Kentucky Walking Horse Association (KWHA) Board of Directors are in communication with other state and area organizations concerning the information that has recently been shared with the Walking Horse industry. There have been numerous concerns and questions asked about the Alliance proposal.
Read More
-
The South Carolina Walking Horse Association (SCWHA) Board of Directors met on Sunday, January 11, to address the ongoing legal challenges facing the walking horse industry.
Read More
-
Read More
-
Editor’s note: The following FAQs were released to address questions regarding the proposed concept of an alliance of industry enforcement, judging and rules.
Read More
-
Harrell Bond Jones, age 71, of Sweetwater, Tennessee, went to be with his Lord on January 9, 2026. After a courageous battle with cancer, he passed peacefully in his sleep with his devoted wife by his side.
Read More
|