USDA asks Court for additional time; Plans to withdraw 2017 Rule
Monday, May 22, 2023
The United States Department of Agriculture (USDA) filed a motion in the Washington D.C. District Court seeking an additional 60 days to the court ordered timeline of 120 days to complete the withdrawal process of the 2017 Horse Protection Rule. Judge Howell initially allowed remand without vacatur of the withdrawal of the 2017 rule but in that decision gave the USDA 120 days to either formally withdraw the 2017 or issue new rulemaking addressing the Horse Protection program.
In that decision, Judge Howell did give USDA until May 22nd to seek additional time to complete either process. In their filing today, USDA did ask for the additional 60 days and did declare they intend to withdraw the 2017 in that 180 day timeline. The USDA will issue a notice of proposed rulemaking, send to OMB for what they hope is a 30-day review and then send out for public comment for 30 days.
USDA declared it anticipates 90 days to draft the notice of proposed rulemaking and final rule, prepare the economic analysis, review public comments and go through internal clearance processes.
The Celebration was allowed to intervene in the District Court proceeding and will file public comment on the proposed withdrawal of the 2017 rule when the timeline for comments open. The Celebration has been representing the interests of the Tennessee Walking Horse industry.
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