Skip to content

AHPA Opposes SHSF Motion to Intervene

Posted March 1, 2001

by Flannery Davis

copyright 2001

The American Horse Protection Association filed a memorandum with the U.S. District Court in Washington on Feb. 9 in opposition to the Show Horse Support Fund’s motion for leave to intervene.

On Feb. 5 SHSF filed a motion to intervene on behalf of the USDA in the AHPA suit against the department. SHSF filed the motion because of its belief that the walking horse industry would be adversely effected should the AHPA win its case. The AHPA has sued the USDA in an effort to block implementation of the 2001-2003 operating plan, based on its belief that the secretary of agriculture cannot delegate enforcement to a third party such as a horse industry organization.

In its opposition brief the AHPA states that the SHSF does not satisfy the four requirements necessary for an intervention. The requirements are: 1) the application must be timely; 2) the applicant must demonstrate a legally protected interest in the action; 3) the action must threaten to impair that interest; and 4) no party in the action can adequately represent the applicant’s interest.

Among its reasons for opposing the intervention, AHPA states that SHSF failed to show how the suit will disrupt the horse show industry, but rather merely assumes that the harm will occur. According to the AHPA brief, the SHSF claim that a decision in favor of AHPA would harm the walking horse industry “is at best speculative and ‘unduly remote.’”

Regarding whether or not the USDA will adequately represent the interests of the walking horse industry, the AHPA brief holds that the secretary of agriculture and the SHSF “have identical positions in this case.” AHPA states that the USDA and the SHSF “have the same goal: to have the Court find that the 2001-2003 Horse Protection Operating Plan does not embody an unlawful delegation of Agriculture’s enforcement authority. Nothing that the Fund has identified suggests that the Secretary [of agriculture] cannot or will not adequately represent the interests of Fund members in this litigation.”

On Feb. 16 U.S. District Court judge Henry H. Kennedy referred the SHSF motion to intervene to a U.S. magistrate judge, which is a lower court, for his or her determination.

More Stories

  • 2021 Readers' Choice Ballot

    You don't have to be a member of anything to vote for your favorite horses, exhibitors, trainers and shows in The 40th Annual Walking Horse Report Readers' Choice conducted by The Walking Horse Report... Read More
  • Obituary – Gilbert Miller

    Mr. Gilbert Miller, 89, prominent Richmond, Kentucky businessman and developer, and the widower of Evelyn Rose Miller, passed away on Friday, November 26, 2021. Read More
  • FAST provides industry update

    In 2021, the walking horse industry has experienced a generally successful year for our show horse including an increased number of horse shows and sustained entry numbers at the 2021 Celebration.  As we enter into the final quarter of the year, industry organizations and leadership are turning their attention toward the 2022 year.   Read More
  • Obituary – Lined With Cash

    It is with heavy hearts that we announce the passing of Lined With Cash. He passed this afternoon of an apparent cardiac arrest.  This 25-year-old son of WGC Coin's Hard Cash out of the great Gen's Silver Lining has sired currently 1238 offspring who hold close to 400 World Titles. Read More
  • Obituary - Chester Marbry

    The Report has recently learned of the passing of long time walking horse owner, Chester Marbry. A full obituary will he posted as it becomes available. Our thoughts and prayers go out to the entire Marbry family during this time. Read More
  • WHOA announces new show venues for 2022

    The Walking Horse Owners Association would like to announce that WHOA will sponsor the “Southern Belle Walking Horse Show” scheduled for March 10-12, 2022. The event will be held at the Georgia Horse Park, 1996 Centennial Olympic Parkway, Conyers, Georgia 30013. Read More
  • Latest Issue 11 22 21

    Read More
  • Obituary – Joel Roper “Huck” Moss, Jr.

    Joel Roper “Huck” Moss, Jr., husband of Peggy Ann Moss for 56 years, died November 17, 2021, after an extended illness. Mr. Moss was born on April 8, 1942, to the late Joel Roper “Bubba” Moss, Sr., and Margaret Gardner Moss.  Read More
  • TWHBEA names Derickson CFO

    The Tennessee Walking Horse Breeders' Association President, Jack Heffington, announced the hiring of Thomas Derickson as the Chief Financial Officer of Tennessee Walking Horse Breeders' Association, effective November 17, 2021. Read More
  • Mikey’s Motors donates cart to Celebration

    Mike and Chris Williamson with Mikey’s Motors recently donated a utility cart to The Celebration for use on the showgrounds. The cart, which is street legal and enclosed with heat and air will be utilized by Celebration staff in a number of ways throughout the course of the year. Read More