Copyright Walking Horse Report - 2012

United States District Judge Terry R. Means has issued an order setting an expedited briefing schedule on SHOW’s motion for a Temporary Restraining Order against the United States Department of Agriculture’s recently issued mandatory penalties. 

SHOW is seeking to enjoin USDA from adopting and implementing the new rule, which is currently set to become effective July 9, 2012. SHOW contends the rule violates the Horse Protection Act, the Administrative Procedures Act and the United States Constitution. 

The court may issue a Temporary Restraining Order without notice and without USDA having a chance to respond when specific facts in the affidavit clearly demonstrate that SHOW would suffer immediate and irreparable injury. SHOW did not allege that there would be any harm prior to the rule’s July 9 effective date and the court saw little reason to rule on the TRO without the benefit of USDA’s response.

The court gave USDA until 4:00 p. m. on July 2 to file a response to SHOW’s motion for a TRO.  Should SHOW wish to file a reply to the USDA response, the court gave them until the end of the day on July 3.