The Committee on Oversight and Government Reform and its Chairman, James Comer (R-KY) sent a letter to the Trump-Vance Transition team pointing out the major flaws in the Horse Protection Act Rule that was finalized during the Biden Administration and is set to take effect February 1, 2025. In that letter Comer asks of Trump Transition team members Howard Lutnick and Linda McMahon urge them “to use all available tools to delay enforcement of this rule, rescind any prior guidance issued under the Biden Administration, and take any necessary steps to ultimately abolish the rule and restore a commonsense approach to enforcing the HPA.”

The Committee on Oversight and Government Reform launched an investigation in to the USDA’s enforcement of the HPA late last year.  The committee found during its investigation that USDA-APHIS tried to enforce the new rules almost a year before their effective date.  The Committee also had significant concerns regarding the current enforcement process, particularly focusing on the APHIS inspectors’ behavior and decision-making as well as a lack of transparency and accountability.  The investigation also discovered the potential for bias and retaliatory behavior by USDA inspectors, a claim that has been made by industry participants for years.

The letter was very clear on the need to abolish the rule.  “The Committee urgently calls for the incoming Trump Administration to take immediate steps upon assuming office toward abolition of the new Horse Protection Amendments rule, which is set to take effect on February 1, 2025.”  The committee also pointed out that enforcement actions already taken by USDA prior to this, “demonstrate a troubling disregard for procedural fairness and stakeholder engagement.”  Comer also expressed the rule undermines the due process protections for Americans.

In addition to the Committee’s request of the Trump Administration the industry, through plaintiffs The Tennessee Walking Horse National Celebration, Tom Gould and Kimberly Lewis, have sued the USDA regarding the new rule.  A final ruling from Judge Kacsmaryk in the Northern District of Texas should come prior to the February 1st effective date of the rule.  If the industry is successful in its challenge in federal court, the rule would not take effect and the Trump Administration would not have to take the steps requested by the Oversight Committee as the rule would be rescinded by the court.