Let me begin with an apology. I'm sorry to have had to drag you - screaming and kicking no doubt - detail by detail through the current lawsuit by the American Horse Protection Association against the USDA. I have flogged you with information, probably far more than you wanted to know. But it had to be done. And you, right along with me, had to have all the facts.
Now it's time for something a little more digestible. I have read every brief and I have left my effort to report "just the facts" behind. Here's the short version of American Horse Protection Association vs. USDA, at least my take on it.
The Bottom Line: AHPA is suing the USDA to stop iimplementation of the 2001-2003 operating plan because they believe in essence that certain HIOs bring political pressure to bear and prevent the USDA from implementing a plan that carries sufficient penalties. AHPA states that the USDA found several flaws after a year of using the '99 plan. USDA corrected those flaws in the 2000 plan, but certain HIOs fought until they got the USDA to back down to the third iteration of the plan, which certain HIOs signed just before the Celebration. Now those previously identified problems remain unaddressed in the 2001-2003 plan. Because of the length of the plan, the damage to AHPA members will be considerable. In addition to the discomfort caused by watching performance horses they believe to be sored, they also suffer monetarily because their sound horses are not as flashy as "big lick" horses and therefore aren't likely to win against them.
What AHPA Alleges in the Suit: AHPA believes that the Secretary of Agriculture cannot delegate her enforcement authority to any third party, including HIOs. They insist that DQPs can inspect and disquality horses, but cannot establish penalties. Only the secretary can set penalties and enforce the Horse Protection Act.
What USDA Alleges: USDA states that the AHPA doesn't even have standing to bring the suit. Further, they say that whether or not the USDA can delegate enforcement authority is a matter of law and therefore cannot be argued. USDA says the real question instead is whether or not the agency's method of enforcement is even open to judicial review. USDA says it's not open to judicial review because "Congress specifically provided for participation by the show managers in enforceing the provisions of the HPA." According to previous case law, an agency's discretion can be questioned by the court only if (1) Congress did not specifically grant the agency whatever power is in question (in this case the ability to delegate enforcement, or (2) if Congress did not directly address the issue, "then the court must defer to the agency's interpretation so long as it is reasonable, consistent with the statutory purpose, and not in conflict with the statute's plain language."