Written by: Tommy Williams
email:tommywhc@aol.com
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Summary of Court Ruling in Tennessee Walking Horse National Celebration Association v. USDA
Northern District of Texas, Amarillo Division
Case No. 2:24-CV-143-Z
January 31, 2025
Key Holdings
The court ruled on five provisions of the USDA’s 2024 Horse Protection Act (HPA) Rule, granting partial summary judgment to both parties. Key outcomes include:
1. Prohibition of Action Devices and Pads (9 C.F.R. § 11.6(c))
- Holding: Vacated as exceeding statutory authority.
- Reasoning:
- The HPA authorizes bans on equipment causing soring. Evidence showed action devices (weights) and pads, when used within existing limits (e.g., ≤6 oz.), do not inherently cause soring.
- A blanket ban would eliminate the Performance Division of competitions, conflicting with Congress’s dual goals of preventing soring while preserving fair competition.
- USDA’s rationale (preventing soring “in conjunction” with other practices) was deemed an overreach.
2. Ban on Substances Above the Hoof (9 C.F.R. § 11.6(c)(4))
- Holding: Vacated as exceeding statutory authority.
- Reasoning:
- Lubricants (e.g., glycerine) were previously exempted to reduce friction. USDA failed to prove they mask soring.
- No evidence linked lubricants to masking agents. Existing regulations already address illicit substances.
3. DCIS Provision Replacing Scar Rule (9 C.F.R. § 11.7)
- Holding: Vacated for violating Due Process (vagueness).
- Reasoning:
- The Dermatologic Conditions Indicative of Soring (DCIS) provision lacked clear criteria (e.g., “irritation,” “hair loss”), allowing subjective inspector discretion.
- Failed to provide fair notice or prevent arbitrary enforcement, rendering it unconstitutional under the Fifth Amendment.
4. Pre- and Post-Deprivation Review Process (9 C.F.R. §§ 11.5, 11.8(h))
- Holding: Vacated for Due Process violations.
- Reasoning:
- Pre-deprivation review (24-hour re-inspection) was impractical, as inspections occur minutes before competitions.
- Post-deprivation appeals (21-day window) did not remedy lost competitive opportunities.
- Violated Mathews v. Eldridge balancing test, failing to protect owners’ property interests.
5. Replacement of DQPs with HPIs (9 C.F.R. § 11.19)
- Holding: Upheld as lawful.
- Reasoning:
- Statutory Authority: The HPA permits USDA to set inspector qualifications. HPIs (veterinarians/animal welfare officials) reduce conflicts of interest.
- Not Arbitrary: Supported by audits showing DQPs inadequately enforced the HPA.
- Regulatory Flexibility Act: USDA’s analysis certified minimal economic impact on small entities, complying with procedural requirements.
Remedy
- Vacatur: Struck down provisions on action devices, substances, DCIS, and review processes.
- Severability: The 2024 Rule’s severability clause preserved remaining provisions (e.g., HPI program).
Outcome: The 2024 Rule is partially invalidated, with core enforcement changes (HPIs) remaining intact. The ruling emphasizes statutory limits on agency authority and due process protections.
