USDA Drops Decertification of SHOW
Tuesday, April 14, 2015
The United States Department of Agriculture has filed a motion to dismiss the decertification of the SHOW HIO. The motion states, "complainant (USDA) believes that further proceedings against Respondent SHOW, Inc. are no longer necessary for effectuation of the purposes of the Horse Protection Act."
The USDA originally began the decertification process of the SHOW HIO for not implementing the Minimum Penalty Protocol during the time of the lawsuit filed challenging the constitutionality of the rule and the decision of the district court. The district court originally ruled in favor of the USDA and although the SHOW HIO then adopted the Minimum Penalty Protocol the USDA attempted to decertify SHOW for not implementing the rule during the time of the lawsuit.
Contender Farms and Mike McGartland then appealed the decision to the Fifth Circuit Court of Appeals and won a unanimous decision on appeal. To view that opinion click here. In response to the Fifth Circuit's ruling, the USDA has now filed the motion to dismiss the complaint against SHOW.
The motion to dismiss now puts the SHOW HIO in good standing with the USDA and its enforcement of the HPA.
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