
FAST Legal Fund Campaign
WHAT'S AT STAKE
The USDA under the Biden Administration has proposed new rule making which would remove pads and action devices from performances horses and eliminate the HIO inspection process for an inspection process conducted by the USDA.
WHAT'S HAPPENING NOW?
The TWH industry filed a lawsuit in federal court in Texas challenging the rulemaking. The USDA has filed for a change of venue and summary judgement and the TWH industry has responded to both. The Judge recently ruled denying the the USDA's request for change of venue and summary judgement. The judge also denied a request by the HSUS to intervene. The judge recently released his decision on the lawsuit finding in favor of the industry on all points with the exception of the USDA's proposed HPI (Horse Protection Inspector ) program which would allow the USDA to inspect all horse shows that fall under the HPA which extends to many other breeds. The implementation of the HPI remains uncertain as the USDA is now transitioning to new leadership under the recently elected Trump administration.
The TWH industry has also filed a lawsuit in federal court in Tennessee challenging the definition of the scar rule and application thereof, post show inflammation, and due process. That lawsuit remains under review by the federal court judge and is pending a decision.
WHAT IS THIS COSTING?
To date, the TWH industry has supported this opposition to new rulemaking and government overreach in the inspection process in excess of $2 million dollars in legal fees. As of January 1, 2025, we anticipate the effort will cost an additional $1 million in legal fees to complete the process. However, the cost to this industry and to other equine breed industries may be much greater without allocating the resources to challenge the rulemaking. The TWH industry legal effort is led by Torridon Law in Washington, D.C., a firm co-founded by former attorney general Bill Barr. Torridon Law has a demonstrated track record of success in cases against government agencies where overreach has been alleged to have occurred. The TWH industry is a significant economic driver within the agricultural industry. The proposed new regulations, if enacted, will have a great negative impact on this industry as well as other potential equine breed industries.
WHAT HAS BEEN ACCOMPLISHED TO DATE?
The first Trump administration halted all new regulations thus negating the Obama rule making from going into effect; however, the HSUS appealed suggesting that rule making had completed the due process and should have been activated in the register. The appeals judge ruled in their favor. The TWH industry filed an appeal in the higher court and prevailed; the Obama rule making was withdrawn. The USDA under the Biden administration began the process of new rule making and despite the industry's objections and inclusion of data and research dispelling much of the USDA basis for rule making, the rule making was entered into the federal register effective Feburary 1, 2025. Since the federal Judge in TX has ruled against most points of rulemaking, the USDA will be reviewing the rule making under the new Trump administration. Likewise, the Trump administration granted a 60 day extension to review all new rule-making pushing the effective date to April 1, 2025. This will allow for time for confirmation of the new AG Secretary and new AG Deputy Secretary to complete their confirmation process and review rulemaking.
WHO DOES THIS NEW RULEMAKING EFFECT?
If the new USDA rule making goes into effect February 1, 2025 as written, this will effect many breeds of show horses throughout the country. The HPA applies to all breeds of horses. A recent podcast provided by the USDA regarding plans for the 2025 competition season failed to address many questions by the attendees leaving continued doubt and confusion.
HOW CAN YOU HELP?
First understand that the impact of the new rule making extends beyond just the TWH. While the TWH has largely been the focus of the HSUS for now, other breeds are not immune to the impact of new rulemaking, and we believe this is just the beginning of an effort to attack all equine show horse breeds. Support the effort by making a contribution the legal fund; every dollar matters however small or large. Every dollar raised goes directly to the legal fund, the foundation does not retain any percentage of donations for administrative costs; 100% of donations go directly to the legal fund!