Texas Court Case Completed
Thursday, May 1, 2025
The industry’s lawsuit against the USDA’s final rulemaking has cleared its final hurdles with the deadlines for the USDA to appeal the decision or anyone other party’s attempt to intervene and appeal passed. That means the case is closed and the industry will now move forward with the pending litigation in West Tennessee that challenges the current enforcement of the HPA in the areas of due process, scar rule and post show inflammation.
Judge Matthew J, Kacsmaryk summarized in his opinion, “The Court HOLDS that: (1) USDA exceeded its statutory authority by promulgating a blanket prohibition on action devices, pads and substances; (2) the DCIS provision replacing the Scar Rule fails to provide adequate due process; and (3) the lack of genuine pre- and post-deprivation review in the 2024 Rule fails to provide adequate due process. The USDA did prevail on the Horse Protection Inspector provision in the rule, which would have eliminated Designated Qualified Persons as inspectors, but USDA has since postponed that portion of the rule another year and a comment period will close on May 20th allowing stakeholders to weigh in on the delay and how USDA should proceed.
The next step in the Wright’s v. USDA lawsuit is an oral argument on the USDA’s motion to dismiss. This hearing will be held Tuesday May 6th, in Memphis. The USDA is seeking to limit the relief in the case to the Wright’s and not allow the relief to apply industry wide. Two federal courts, the Honors case in the 11th Circuit and the Celebration’s case in the 5th (the case just completed), have now ruled that the current enforcement scheme employed by USDA violates the due process rights of exhibitors.
The USDA must incorporate a new system that allows some form of due process which Judge Kacsmaryk emphasized in his opinion must be pre-deprivation and not post-deprivation due process, like the USDA attempted to provide in their most recent rulemaking.
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The industry’s lawsuit against the USDA’s final rulemaking has cleared its final hurdles with the deadlines for the USDA to appeal the decision or anyone other party’s attempt to intervene and appeal passed. That means the case is closed and the industry will now move forward with the pending litigation in West Tennessee that challenges the current enforcement of the HPA in the areas of due process, scar rule and post show inflammation.
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Mrs. Leanna Woods Smith, age 52, wife of Pastor Ronnie Smith of Powder Mill Road, London, Kentucky passed away on Sunday morning at the St. Joseph Hospital in London, Kentucky.
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Isham Jehu Larry McLaughlin III, 78, of Florence, SC passed away Tuesday, April 22, 2025.Larry was the first-born son of the late Thelma Rowland and Isham Jehu Larry “Buddy” McLaughlin Jr.
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Mr. William Thomas Hiles Jr., better known by his family and friends as “Billy,” passed away Thursday, April 23, 2025, following several months of Declining health.
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The Spring Extravaganza is set to take place this weekend, April 25–26, 2025, at the Bedford County Ag Center in Shelbyville, Tennessee. Please note that show start times have been updated — each evening will now begin at 5:00 p.m. CST.
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Equiskill LLC is proud to announce upcoming awards and events for 2025. The program will award the Equiskill Pattern Awards 1st -5th at the TWHBEA World Versatility Show and the International Show. Pattern Awards are won by riders with the highest average pattern scores in the equitation division classes.
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What began as a simple street corner conversation between former Tennessee Governor Jim Nance McCord and Burt Hunter in Lewisburg nearly a century ago, has grown into a global phenomenon. The Tennessee Walking Horse Breeders’ & Exhibitors’ Association (TWHBEA) is proud to celebrate its 90th anniversary with a full week of special events from May 11–17, 2025.
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