It’s official. The controversial horse slaughterhouse in New Mexico will not be opening. “I think it’s just time to stop and see what will happen now,” said Valley Meat Owner Rick De Los Santos.
For almost four years, De Los Santos has been trying to slaughter horses for food. He’s faced court battles from animal rights groups and the Attorney General along with federal push back. Earlier this year the President signed a bill to stop funding horse slaughterhouse inspections until 2016.
Friday, De Le Santos told KRQE News 13 the fight is over. “It really is at this point at the end of that business in Roswell by them,” said Valley Meat Attorney A. Blair Dunn. On Thursday, Dunn submitted a letter to the New Mexico Environmental Department withdrawing the plant’s application for a ground water discharge permit.
The permit, which would allow the plant to discharge animal waste, is a must for the plant to operate. Blair claims the department strung them along for seven months, never saying no the permit, but never saying yes either.
“They’ve been telling us well we need a 30-day extension, we need 45 days, we need 60, we cant make a decision right now,” said De Los Santos.
The letter states the inability of the Secretary to make a decision has contributed to the destruction of Valley Meat’s lawful business. Valley Meet also claims the Attorney General’s office played a big role in the slaughterhouse closure and Dunn says there’s a good chance they’ll sue the state because of it.
Animal activists say they’re happy the horse slaughter fight is ending. “It’s great news for New Mexico,” said Laura Bonar with Animal Protection of New Mexico. “Horse slaughter is cruel, horse slaughter is dangerous and horse slaughter is not supported by Americans.”
Source: KRQE, by Emily Younger
Click here to read Valley Meat's Notice of Withdrawal of Application to the New Mexico Environmental Department.
SANTA FE, N.M.—A request by New Mexico Attorney General Gary King to prevent a horse slaughter plant from opening is "nothing more than political grandstanding" by an official who is seeking to become the next governor of the Land of Enchantment, A. Blair Dunn, an attorney representing Valley Meat Co. LLC, wrote in court papers.
King, who is running for governor in 2014, has moved in state court to prevent Valley Meat from opening a facility that intends to process horses for human consumption in Asia and Europe.
Matthew Wilson, a state judge who normally hears family law matters, barred the business from opening under a temporary restraining order. A hearing is scheduled for today, Jan. 3 at 1 p.m. on whether the order should be extended.
On Dec. 19, King filed a lawsuit in the First Judicial District against Valley Meat, its owner Ricardo De Los Santos and two related companies, Dairyland Packing, Inc., and Mountain View Packing LLC. (Click Here to view filing)
The complaint was filed because Valley Meat said it planned to operate without the required regulatory approval, according to King's office in a news release.
Valley Meat has been accused of repeatedly violating environmental requirements and federal food-safety laws, including dumping "the remains of hundreds of dead and/or slaughtered animals on the grounds of the Slaughterhouse, in what became massive piles of rotting flesh and bones."
Dunn, Valley Meat's attorney, denies that Valley Meat intends to operate unlawfully. The business has been working with the New Mexico Environment Department (NMED) for authority to discharge wastewater into another entity's facility while its application for a renewal of its own groundwater discharge permit remains pending, he said in a phone interview with Food Product Design.
NMED Secretary Ryan Flynn will determine whether to issue a water discharge permit to Valley Meat, although a decision is not expected until at least February, NMED spokesman Jim Winchester said, adding that NMED has not received an application from Valley Meat for a separate "pump and haul permit".
King's lawsuit characterizes Valley Meat's plan as an attempt to circumvent regulations
by discharging wastewater to underground permeable tanks, potentially exposing the groundwater to contaminants. The business cannot lawfully discharge wastewater without an NMED-issued permit, the lawsuit contends.
In court papers, Dunn argues Wilson lacks authority to hear King's lawsuit because claims based on the Water Quality Improvement Act (WQA) are under the jurisdiction of the Water Quality Control Commission (WCQQ).
"And a party or agency dissatisfied with the decision of the WQCC may only appeal the decision to the New Mexico Court of Appeals," Dunn wrote. "The New Mexico Legislature has made it abundantly clear that jurisdiction over these issues rests only with the WQCC and the Court of Appeals, nowhere in statute or precedential case law does a District Court achieve subject matter jurisdiction over issues of compliance or alleged anticipated violations of the WQA."In a letter to a state senator, the New Mexico Attorney General's Office previously raised concerns that horses destined for the slaughterhouse might have been treated with drugs that are harmful to humans, rendering the meat adulterated in violation of state and federal laws.
Opponents of horse slaughter, ranging from animal rights groups to King, maintain the practice is inhumane and poses food-safety risks.
"Commercial horse slaughter is a new, untested enterprise that poses health and environmental risks to New Mexicans. Horses in America are not raised to be eaten, and are widely administered drugs that are forbidden for use in food animals," King's office stated in the Dec. 31, 2013, news release.
The state lawsuit alleges Valley Meat's operation would violate the New Mexico Food Act, New Mexico Unfair Practices Act and the WQA and regulations as well as constitute a public nuisance.
In a response filed with the court, Dunn challenged King's conclusions that horse meat is unsafe and declared that even if such meat was adulterated, it would fall under the jurisdiction of the U.S. Department of Agriculture (USDA). "This court lacks subject matter jurisdiction over issues which fall squarely in purview of federal law under the FMIA [Federal Meat Inspection Act] and not under state law," Dunn wrote.
A lawsuit challenging horse slaughter in federal court was dismissed on Nov. 1, 2013. Plaintiffs had argued that USDA's Food Safety and Inspection Service (FSIS) violated the National Environmental Policy Act (NEPA) by issuing grants of inspection and adopting a related equine directive. Christina Armijo, U.S. District Judge, agreed with FSIS that NEPA didn't apply to its granting of inspections because the agency's actions were not discretionary.
The case was appealed and a temporary restraining order (TRO) was initially granted, further delaying Valley Meat's plans. In a ruling last month, the U.S. Court of Appeals for the 10th Circuit lifted the TRO, holding that the Humane Society of the United States (HSUS), Front Range Equine Rescue and other groups challenging horse slaughter failed to meet their burden of proof for an injunction.
Circuit Judges Gregory Phillips and David Ebel found the plaintiffs are not likely to succeed on their appeal and cited a lack of evidence that they would "suffer irreparable harm" if FSIS allows the plants to begin slaughtering horses.
"Reliance upon environmental damage arising out of previous, unrelated, and limited instances of equine slaughter is too speculative and does not show a significant risk to establish irreparable harm," the judges wrote in the Dec. 13, 2013, order.
Plans to Process Horse Meat
Dunn said Valley Meat plans to process 120 horses each day for human consumption mostly in China, Japan, Russia and Europe. American horses already are slaughtered today in Canada and Mexico and being shipped to those countries, he said.
According to court documents, Valley Meat will yield a profit of $180 per animal, or $435,000 in one month, based on the slaughtering of 2,420 horses.
Dunn also represents another company that intends to slaughter horses, Rains Natural Meats in Gallatin, Dunn said Rains is seeking a wastewater discharge permit from the state Department of Natural Resources (DNR), and a hearing is scheduled for Jan. 20 on whether horses should be excluded from the permit. Although the agency issued a permit that excluded horses, Dunn argued horses have always been considered livestock under Missouri law. (A spokesperson for the state DRN did not return a phone call).
Rains, which previously processed cattle, goats, sheep and ostriches, plans to sell process for human consumption in the United States if it is able to secure a permit for horse slaughter, it, Dunn said. Rains' owner, David Rains, is currently driving a school bus, he said.
"They have a market for it here for people who want it [horse meat]," Dunn said. "They have been ready to go for a year as well absent these new hurdles that keep" occurring.
Responsible Transportation LLC is another business that applied for a horse slaughter permit. The Iowa-based firm reportedly converted to a beef operation last year. When asked if Responsible Transportation plans to convert to a horse slaughter plant if it can overcome legal hurdles, Pat Rogers, a New Mexico lawyer representing the business in the federal litigation, said he wasn't sure of its plans and referred the question to Responsible Transportation's CEO Keaton Walker, who did not return a phone call seeking comment.
In 2011, Walker and two other University of Iowa graduates raised $1.5 million from 22 local investors to start up an equine-processing facility, according to a July 19, 2013, affidavit from Walker that was filed with the federal trial and appeals courts. Late in 2012, the company purchased a vacant meat processing plant in Sigourney, Iowa, for $650,000 and subsequently invested more than $1 million to renovate the facility.
According to Walker's affidavit, Responsible Transportation and the founders have invested roughly $2.9 million over three years to open the plant and meet state and federal requirements. Walker wrote in his affidavit that Responsible Transportation was bleeding $60,000 a month in overhead expenses with no revenues.
Source: Food Product Design by Josh Long
Attorney, Bruce Wagman, discusses Horse Slaughter: The status of the current lawsuit against the USDA, initiatives at the state/local levels, and the ongoing commitment of Front Range Equine Rescue to stop the slaughtering of American horses.
Source: Mike Jaxson, Soundcloud
The U.S. Department of Agriculture should be able to dispatch inspectors to
meat processing facilities in Iowa, Missouri and New Mexico that would allow them to begin to slaughter horses for meat for the first time since Congress ended a four-year ban on the practice in 2011, the Justice Department argued in a court filing Thursday.
U.S. government lawyers asked the U.S. Court of Appeals for the 10th Circuit to lift a temporary injunction it imposed Monday at the request of animal welfare activists who contend that horse slaughtering poses potential environmental and health risks that the federal government has not adequately considered.
The litigation, pursued by the Humane Society of the United States as well as a Colorado group, Fort Range Equine Rescue, contends that the horses are more likely to have dangerous drug contamination than other types of animals and that the contamination could be released in both meat and groundwater.
A U.S. District Court judge ruled against the opponents last week, clearing the way for the facilities to begin slaughtering horses. But the 10th Circuit temporarily blocked the slaughter again Monday in order to consider whether it should or should not be allowed to go forward as the activists appeal.
"Front Range paints a gory picture of 'horse blood in their faucets' and a 'meat supply [that] has been contaminated by adulterated horse flesh'...but fails to present any scientific evidence of contamination in local waters or in other meat products or any reasonable expectation that such contamination will occur," the brief filed by DOJ's environmental lawyers says.
"FSIS [the Food Safety and Inspection Service] has set forth detailed regulations and directives for the inspection, testing, handling and labeling of livestock, including equines. At bottom, Front Range's argument is that slaughtered horses might be contaminated, that this contamination might reach nearby waters, and that this contamination might enter those unidentified lakes and streams at which Front Range's members might be recreating. These attenuated, speculative allegations of harm are insufficient to establish irreparable injury," the Justice Department lawyers argue in their filing (Click Here to view doc).
The companies affected by the injunction filed their own brief Thursday (Click Here to view doc). They called the litigation a "manufactured charade" and asking the appeals court to lift the temporary ban which they said could drive them into "insolvency" if continued.
"For this Court to find that appellant’s face a threat of irreparable harm, the court must turn a blind eye to the science that contradicts their assertion that all horses going to processing represent a toxic dangerous source pollution to the environment. Frankly, to find such an assertion to be credible, the court would have to ignore the very manure that issues from these animals which would undoubtedly have to contain the same toxic substances with absolutely no regulation as it enters the natural environment," the companies' lawyer A. Blair Dunn wrote.
Source: Politico, by Josh Gerstein
USDA is not required to conduct an Environmental impact Statement or Environmental Assessment in order to grant equine inspection services to businesses planning to pack horsemeat for export, U.S. District Court Judge Christina Armijo ruled Friday.
The judge denied the request by animal groups for a permanent injunction and dismissed the case challenging USDA’s authority. The decision is a massive loss for the Humane Society of the U.S., which largely funded the lawsuit and enlisted 15 other groups and individuals to join it as plaintiffs.
And it was a defining victory for the Department of Justice attorneys who re-affirmed USDA powers contained in the Federal Meat Inspection Act that go back more than 100 years. It means horse slaughter for human consumption could resume shortly under USDA inspection for the first time since 2006.
“Valley Meat Company, LLC and Rains Natural Meats are both very please with the decision of Judge Armijo, sai Albuquerque attorney A. Blair Dunn. “This is a very well reasoned and through opinion. Valley and Rains are very grateful for the hard work and thought that Judge Armijo put into this decision. Both companies will now focus on final preparations to open and begin work.”
Both Valley Meats and Rains Natural Meats, along with Iowa’s Responsible Transportation, obtained grants of inspection from USDA. The two businesses Dunn represents are now going forward with their plans, while the Iowa firm’s intention now are
Armijo, the chief federal judge in New Mexico, sided with USDA’s historic interpretation of its governing law, namely that it has
little or no discretion over whether to issue a grant of inspection. Instead, she ruled USDA has a duty to inspect meat and meat products even of the unpopular equine variety.
At one time, she noted, the Secretary of Agriculture was given the “discretion” to provide inspectors, but Congress
changed that to “the Secretary shall provide such inspectors.” Click Here to view court ruling document.
Since the horse and animal welfare groups sued USDA four months ago, nationally known animal law attorney Bruce A. Wagman argued inspection decisions fell under the National Environmental Policy Act (NEPA) and the Administrative Policy Act (APA). But the federal court found these only apply to discretionary agency actions, not to those mandated by law.
Other federal laws and rules enforced by USDA’s Food Safety and Inspection Service (FSIS) also apply to horse slaughter houses, including requirements for hazard and sanitation plans, humane animal handling and proper sanitary conditions. The three equine packing houses had met those requirements as part of the USDA grant of inspection process.
While horsemeat is a source of protein for consumers in Asia and Europe, no issue involving animal agriculture stirs emotions more in the U.S than does horse slaughter.
Through a spokesman, the HSUS is promising to “not only appeal the decision but also to work with the states to block the plants from opening in Iowa, Missouri and New Mexico and step up efforts in Congress to stop the slaughter of American horses—in the states and also in Canada and Mexico.”
“Our legislative and legal activities have prevented horse slaughtering on American soil since 2007, “ added Wayne Pacelle, HSUS president and CEO. “ With today’s court ruling and the very real prospect of plants resuming barbaric killing of horses for their meat in the states, we expect the American public to recognize the urgency of the situation and to demand that Congress take action. Court fights and state legislative battles have been important, but this is an issue of national importance and scale, and Congress should have an up-or-down vote on the subject.”
In the now dismissed case, both sides agreed to allow the judge to hear it on an expedited basis. An appeal would likely go to the 10th Circuit in Denver.
Source: Food Safety News by Dan Flynn
Help Make Horse Slaughter illegal in the United States! Contact Congress in support of the SAFE Act. Passage of the SAFE Act will not only ensure that predatory horse slaughterers cannot reopen their doors here in the U.S.— it will
also stop the trafficking of horses to slaughterhouses over American borders. Click Here to Take Action!
An agency within the U.S. Department of Agriculture (USDA) lacks discretion to deny requests to inspect horse slaughter facilities if they meet requirements under the Federal Meat Inspection Act, rendering an environmental review essentially meaningless, government lawyers argue.
Citing the failure of the Food Safety and Inspection Service (FSIS) to follow the National Environmental Policy Act (NEPA), animal welfare groups—including Front Range Equine Rescue, Horses for Life Foundation and Humane Society of the United States among others—have sued the agency in federal court.
The lawsuit has at least temporarily thwarted the plans of three facilities in Iowa, Missouri and New Mexico to slaughter horses for human consumption. The controversial practice has infuriated animal rights groups and divided Native American tribes.
In a brief filed last month, Justice Department lawyers argue NEPA doesn't apply to its horse slaughter oversight because FSIS lacks the authority to impose environmental conditions or deny a proposal for inspection on environmental grounds.
Since federal law requires FSIS to grant inspections to facilities that meet eligibility requirements under the Federal Meat Inspection Act, "environmental considerations pursuant to a NEPA analysis could not have changed FSIS' decision," the government lawyers wrote.
The animal rights groups that have sued FSIS vigorously disagree, and a federal judge is leaning in their favor. In temporary restraining orders that enjoin FSIS from dispatching inspectors to the horse slaughter facilities, Chief U.S. District Judge Christine Armijo has found plaintiffs are likely to prevail on their claims. The judge is expected to make her final decision—whether to grant a permanent injunction—by the end of October. A final ruling is likely to be challenged before the U.S. Court of Appeals for the 10th Circuit.
Plaintiffs have challenged FSIS's decisions to grant inspections and a directive that relates to a drug residue testing program for equines. FSIS Directive 6130.1 provides instructions to government personnel on how to inspect horses before and after they are slaughtered, including instructions for drug residue testing.
In the lawsuit, plaintiffs cite a number of environmental hazards associated with horse slaughter facilities before three plants closed six years ago.
"As described in the record, individuals in the vicinity of previous horse slaughter plants were forced to endure a noxious stench, dealt with blood in streams, and sometimes even found blood and horse tissue running through their water faucets," plaintiffs wrote in a brief.
"Whether this will happen again is precisely the question that should be explored in a properly prepared NEPA document."
NEPA typically requires federal agencies to assess the environmental consequences of a proposed action through an "environmental assessment" (EA) and/or a more comprehensive "environmental impact statement" (EIS). FSIS has
conducted neither an EA nor an EIS in connection with the horse slaughter facilities or the agency's drug residue testing program.
NEPA's requirements don't apply to a federal agency if a proposed action will not have a "significant" impact either individually or cumulatively on the human environment. Regulations excuse FSIS from preparing an EA or EIS unless the agency's administrator, Al Almanza, decides "an action may have a significant environmental effect," according to a memo from FSIS that granted federal meat inspection services to Roswell, N.M.-based Valley Meat Company, LLC.
FSIS's action "is purely ministerial" since it must grant federal inspection if a facility has met statutory and regulatory requirements, the agency concluded in the June 27 memo. "A grant of federal inspection likewise does not and will not allow FSIS to exercise sufficient control over the commercial horse slaughter activities at Valley Meat such that the grant will constitute a major federal action that triggers NEPA requirements," the memo declared.
The agency explained it only has authority to regulate a facility to the extent necessary to verify that meat produced for human consumption is properly labeled, packaged and wholesome.
Plaintiffs have expressed fears that the horse slaughter plants are potentially dangerous in part because drugs that are administered to horses are not safe for human consumption and have the potential to contaminate "local ecosystems and water and soil supplies."
Between 1996 and 2006, when FSIS tested horses for drugs before funding for horse inspections was withdrawn, few equines tested positive, according to the agency. But plaintiffs contend FSIS failed to test the animals for many drugs that are commonly administered to horses.
Documents submitted to the federal government have listed 115 drugs and categories of drugs that have been approved for use in horses and have been known to cause problems for humans, according to Bruce Wagman, an attorney representing a number of plaintiffs in the lawsuit.
The Attorney General of New Mexico has expressed similar fears, pointing out in a letter to Valley Meat that horse meat containing such dangerous substances as the anti-inflammatory drug phenylbutazone (PBZ) would be considered "adulterated" in violation of state law.
FSIS has defended the drug testing program, citing a number of safeguards—including random tests of horses after they are slaughtered—that are intended to protect the public from exposure to harmful chemicals and pesticide residues.
State agencies and the U.S. Food and Drug Administration (FDA) investigate companies whose meat has tested positive for unpermitted drug residues, and FDA has authority to prosecute a business and take other enforcement action, FSIS pointed out.
Although FSIS has acknowledged it will conduct fewer samples under its new program, the agency said it will analyze them for a larger number of chemical compounds. But plaintiffs gripe the new program "ignores several dozen other substances commonly given to horses that may be harmful to humans."
Source: Food Product Design by Josh Long
Help Make Horse Slaughter Illegal in the United States! Contact Congress in support of the SAFE Act. Passage of the SAFE Act will not only ensure that predatory horse slaughterers cannot reopen their doors here in the U.S.— it will also stop the trafficking of horses to slaughterhouses over American borders. Click Here to Take Action!
The State of New Mexico Environment Department on Friday set a public hearing for a water-discharge permit denied a horse slaughter plant, Valley Meat Company, in July. According to the webpage Citizens Against Equine Slaughter, the hearing will take place on Tuesday, October 22, 2013, 9:00 a.m., at the Chaves County Courthouse, 400 N. Virginia, in Roswell.
The hearing will discuss the Discharge Permit Application for Valley Meat Company. Owner, Mr. De Los Santos proposes to renew the Discharge Permit for the discharge of up to 8,000 gallons per day of horse processing waste water from the horse slaughterhouse. Discussed will be the potential of ground water contamination which includes nitrogen compounds.
In an article from HorsesforLife.org, the Water Quality Bureau received more than 450 comments opposing the renewal of the water discharge permit. DeLos Santos argues that most of the comments were from people outside of the United States and not from the State of New Mexico. He stated that no one from the farm area of Roswell commented.
Michelle Lujan Grisham (D) from District 1 in Albuquerque opposes horse slaughter and states that 75% of New Mexicans oppose horse slaughter, calling it a cruel practice which inflicts great pain and distress. Grisham is also concerned with health issues as most American horses are routinely administered known carcinogenic drugs prohibited in the United States to be used on animals killed for human consumption.
A July 11 letter from the Environmental Department of New Mexico brings attention to another legal aspect citizens against the permit expressed. Numerous public comments raised concern about De Los Santos "possible misrepresentations of criminal charges."
"Specifically Section 74-6-5 (E) (4) requires that if an "applicant" has, within the last ten (10) years received a felony charge or one constitution moral turpitude the Department must deny the application."”
In a New York Times article Mr. De Los Santos' attorney A. Blair Dunn stated the advocacy group erroneously described criminal trespassing as a felony. In December 2011, the first application filled out by Mr. De Los Santos stated "none" in the section about felony convictions. The second application filled out in March 2012 had no notations of any convictions, however the third application was filled out with two convictions; one for criminal trespass in Texas in 1988 and the other for residential burglary there in 1978.
Court records show that Mr. De Los Santos was arrested by the Amarillo police department on Sept. 11, 1989 — his third U.S.D.A. application reported the incident occurring a year earlier — on suspicion of criminal trespass but charged only with a moving violation and convicted of that offense.“ He was arrested on Aug. 28, 1978, in Dallam County, Tex., charged with
residential burglary and convicted. Mr. Wagman, the lawyer for Front Range, contended that Mr. De Los Santos now has committed a third felony by improperly filling out his first two applications. Under federal law, it is a felony to knowingly falsify, conceal or materially misrepresent facts submitted on a federal application.
Source: The Examiner by Cheryl Hanna
Below is the official notice of the Public Hearing and how to participate.
Description of the Requested Action:
The New Mexico Environment Department (NMED) has scheduled a public hearing to consider the proposed approval of a ground water Discharge Permit Renewal, DP-236, based on the application submitted by Ricardo De Los Santos, President of Valley Meat Company, LLC, 3845 Cedarvale Road, Roswell, New Mexico 88203. Discharge Permits are issued and renewed pursuant to the New Mexico Water Quality Control Commission (WQCC) Regulations, 20.6.2 NMAC.
Hearing Date, Time and Location:
The hearing begins with opening statements and the presentation oftechnical testimony on Tuesday, October 22, 2013, 9:00 a.m., at the Chaves County Courthouse, 400 N. Virginia, in Roswell, New Mexico.Non-technical public comment will be taken as specified by the Hearing Officer, and also starting at 5:00 p.m. on October 22.The hearing may continue on the following day as determined by the Hearing Officer.In lieu of oral public comments, written statements may be submitted to the Hearing Clerk for the record during or prior to the hearing.
Application and Facility Description:
In the Discharge Permit Application for Valley Meat Company, DP-236, Mr. De Los Santos proposes to renew the Discharge Permit for the discharge of up to 8,000 gallons per day of livestock processing wastewater from a slaughter facility.Wastewater generated from the slaughter facility and occasional washdown of receiving pens collects in two concrete tanks for solids settling before flowing into the first of two synthetically lined impoundments
for disposal by evaporation.Potential ground water contaminants associated with this type of discharge include nitrogen
compounds.The facility is located at 3845 Cedarvale Road , approximately six miles east of Roswell , in Section 17, T11S, R25E, Chaves County .Ground water beneath the site is at a depth of approximately 10 feet and has a total dissolved solids concentration of approximately 4,080 milligrams per liter.
The hearing will be conducted in accordance with the WQCC Regulations at 126.96.36.19910 NMAC and NMED’s Permitting Procedures at 20.1.4 NMAC, available electronically at http://www.nmcpr.state.nm.us/nmac/_title20/title20.htm, and at no charge from the NMED Hearing Clerk, Sally Worthington, Room S-2103, 1190 St. Francis Drive, Santa Fe, New Mexico 87502,
telephone 505-827-2002 <br>, fax 505-827-2836. All interested persons will be given a reasonable opportunity at the public hearing to submit relevant evidence, data, views or arguments orally or in writing, and to examine persons who testify at the
No decision will be made at the end of the hearing; the post-hearing process will be set out upon the completion of the evidentiary record.Following that process, the NMED Secretary will approve, conditionally approve, or disapprove the proposed Discharge Permit based upon the administrative record for the Discharge Permit application, including the applicable information provided during the public hearing.
NMED will arrange for a court reporting service to make a written transcript of the hearing proceedings.Any party requesting a copy of the transcript from the court reporting service shall bear the full cost of obtaining copies of the transcript. The transcript also becomes a public record available from the NMED Hearing Clerk.
Technical Evidence Presentation Requirements:Any person who wishes to present technical evidence at the hearing shall file a Statement of Intent to Present Technical Testimony by 5:00 p.m. October 9, 2013, with the NMED Hearing Clerk, Sally Worthington, Room S-2103, 1190 St. Francis Drive , P.O. 5469, Santa Fe , New Mexico 87502 .Persons filing a Statement of Intent shall also serve a copy on the Department, the Applicant and other parties of record.A service list is available from the Hearing Clerk. Additional information concerning the presentation of technical evidence can be found in a Procedural Order entered by the Hearing Officer on August 15, 2013, available from the Hearing Clerk and on the web at
The parties suing USDA to stop horse slaughter before it can start up again in the U.S. agree with the government on one thing: they, too, want to get the court case they brought over as quickly as possible. Bruce A. Wagman, attorney for the plaintiffs, has filed a motion with the U.S. District Court in New Mexico supporting the government’s request for an expedited hearing and briefing
on the merits.
Wagman, who represents the Humane Society of the U.S. and several other animal welfare and horse rescue groups, has suggested a schedule that could put the issue in the hands of Federal District Court Judge M. Christina Armijo by Oct. 10. New Mexico Attorney General Gary K. King joined in Wagman’s motion, which was filed Tuesday.
Judge Armijo has scheduled a Sept. 3 status conference, which attorneys can access by telephone.Wagman still wants Armijo to rule on his motions to change the Aug. 2 temporary restraining order that blocks two companies with grants of inspection for horsemeat packing from starting those operations unless permitted by the court and to reduce or eliminate the costly bond plaintiffs must come up with for the case to proceed.
On the TRO, Wagman wants it to only prohibit USDA from providing equine inspection services to Valley Meat in New Mexico and Responsible Transportation in Iowa. Currently, it also prohibits those companies from operating horse-slaughter businesses, even though the plaintiffs are not suing them. As long as USDA is barred from doing inspections, horses cannot be slaughtered for human consumption.
That became a big concern for the plaintiffs after a federal magistrate imposed a bond against them of nearly $500,000 a month to cover the possibility that USDA wins the case. In other words, it’s meant to cover the economic harm imposed by the plaintiffs if they lose.
Government attorneys representing USDA’s top three food-safety officials say it’s time to end the court battle that has temporarily banned horse slaughter in the U.S. They’ve asked the U.S. District Court in New Mexico to move immediately
to an expedited hearing and ruling on the merits of the case.
This would eliminate the next step that had been anticipated in the case – a hearing on whether to grant the plaintiffs a preliminary injunction. They already won a temporary restraining order.
Source: Food Safety News by Dan Flynn
Source: Associated Press by Jeri Clausing
Animal welfare groups suing to stop a return to domestic horse slaughter on Friday posted a nearly $500,000 bond to keep a temporary ban in effect.
But the groups are fighting the court order that requires the money to cover potential losses by the slaughterhouses should the organizations ultimately lose their lawsuit.
Attorneys for the Humane Society of the United States, Front Range Equine Rescue, Marin Humane Society, Horses For Life Foundation, Return to Freedom, and others argue the bond should not be required because their case is against the federal government and its permitting process, not the companies that were recently given permission to begin slaughtering horses.
The groups last month won a temporary restraining order to halt plans by Valley Meat Co. of Roswell, N.M., and Responsible Transportation of Sigourney, Iowa, to open their plants this month. They were then ordered to post the bond by Friday.
Earlier this week, Responsible Transportation said it was dropping plans to slaughter horses and would convert its plant to cattle in light of the temporary restraining order.
The Iowa company's president, Keaton Walker, said his firm cannot afford to wait for more court deliberations. Valley Meat Co., however, which has been at the fore of the fight, has vowed to stay the course. The company has been pushing for almost two years for permission to convert its cattle plant into a horse slaughterhouse.
Valley Meat co. owner Rick De Los Santos said his decision to convert his small slaughterhouse to horses was made after his market for cattle dried up when a number of dairies shut down in southeastern New Mexico.
The case has sparked an emotional national debate about whether horses are livestock or companion animals and how best to deal with the tens of thousands of wild, unwanted and abandoned horses across the country.
Horses were slaughtered domestically for decades until Congress cut funding for inspections for horse plants in 2006. That funding was restored in late 2011.
Source: The Associated Press
ALBUQUERQUE, N.M. (AP) — A federal judge temporarily halted plans by companies in New Mexico and Iowa to start slaughtering horses next week.
U.S. District Judge Christina Armijo issued a restraining order in a lawsuit brought by The Humane Society of the United States and other groups in a case that has sparked an emotional national debate about how best to deal with the tens of thousands of wild, unwanted and abandoned horses across the country. The move stops what would have been the resumption of horse slaughter for the first time in seven years in the U.S.
Plaintiffs' lawyer Bruce Wagman, said his clients were overjoyed with the ruling and had been "extremely distressed that horse slaughter was going to start up again in America." The groups contend the Department of Agriculture failed to do the proper environmental studies before issuing permits that allowed companies in Iowa and New Mexico to open horse slaughterhouses.
The companies had said they wanted to open as soon as Monday. The horse meat would be exported for human consumption and for use as zoo and other animal food.
Armijo also scheduled a hearing Monday's to determine how much money plaintiffs in the case would have to put up in advance to cover economic losses to the companies if they lose the lawsuit.
Blair Dunn, who represents Valley Meat Co., said he will ask for $10 million to be set aside. Pat Rogers, an attorney for Responsible Transportation, said his clients borrowed $1.5 million to begin the operation, with another $1.4 million from
investors. "It's a small company in a small town. That's going to have significant economic impact," Rogers said.
Earlier in the day, he argued his clients started the company to fill a need. Currently, he said, old and unwanted horses have to be shipped thousands of miles in sometimes inhumane conditions to slaughterhouses in Canada and Mexico.
"The truth is, your honor, there is no old horses home," Rogers told the judge. "There is no Medicare for horses."
Wagman, however, argued the slaughterhouses should be forced to undergo public review under provisions of the National Environmental Policy Act. He told the court no environmental impact study has ever been done to examine the effects of horse slaughter. Horses are given more than 100 drugs not approved for other feed animals, he said.
"The government is about to embark on a brand-new multi-state program," he said. "We just don't know about the dangers that lie ahead."
The move has divided horse rescue and animal welfare groups, ranchers, politicians and Indian tribes about what is the most
humane way to deal with the country's horse overpopulation.
While some tribes are opposed to horse slaughter, citing the animals' sacred place in their culture, the Navajo and Yakama nations, are among those who are pushing to let the companies open. They say the exploding horse populations on their reservations are trampling and overgrazing rangelands, decimating forage resources for cattle and causing
widespread environmental damage.
The Navajo Nation, the nation's largest Indian reservation, estimates there are 75,000 horses on its land, many of which are dehydrated and starving after years of drought.
"The only actual evidence of environmental impact is ours," said Yakama Nation attorney John Boyd, who filed a statement from the tribe's biologist about the damage from more than 12,000 wild horses on the reservation. "And it's a catastrophe that
can be largely or significantly ameliorated" by making it easier for the tribe to round up the animals to slaughter.
On the other side, actor Robert Redford, former New Mexico Gov. Bill Richardson, current New Mexico Gov. Susana Martinez and New Mexico Attorney General Gary King are among those who strongly oppose a return to domestic horse slaughter, citing the horse's iconic role as a companion animal in the West.