The New Mexico horse slaughter controversy lives on in U.S. District Court, based on activity this month in state court in Santa Fe and federal court in Albuquerque. Earlier this month, the office of Attorney General Gary King filed pleadings seeking to enforce and modify an injunction entered in the 2013 lawsuit against the Valley Meat Co., which had proposed a horse slaughter operation near Roswell.
The emergency motion said in its opening salvo, “Before the ink on their motion was dry, defendants reneged” on their statement that there were no plans to operate a horse-processing facility.
Valley Meat, Dairy Packing, Mountain View Packing and Ricardo de Los Santos, the attorney general’s Dec. 2 filing says, “simultaneously were busy creating a new shell company, through which they applied for the very same permits to conduct commercial horse slaughter that they had withdrawn only a few weeks earlier.”
The motion asks that any successor company, namely D’Allende Meats of El Paso, be bound by the same terms in the preliminary injunction as Valley Meat and that it be barred it from pursuing permits from the U.S. Department of Agriculture or the New Mexico Environment Department.
The Santa Fe district court entered an order Jan. 17 barring the companies from pursuing a horse slaughter operation.
The Dec. 2 filing by Assistant Attorney General Ari Biernoff contends Valley Meat and other companies acted with a new “shell” company, D’Allende Meats, and owners Jose Hernandez and Ryoichi Okubo, to sidestep the injunction. At a minimum, Biernoff suggested, the latest actions by the defendants represent evasion, and at worst “an attempt … to perpetrate a fraud on the court.”
The heated response from the other side suggested that the AG’s Office has engaged in “malicious abuse of process” and “lied to the court.” It promises to seek sanctions.
According to Biernoff’s filing, the Valley Meat attorney responded with “threats,” saying that by the time the dust settles in the litigation, outgoing AG King “will have only succeed(ed) handing off a bucket of liability to (incoming AG Hector) Balderas. This is truly bad form at the 11th hour.”
Blair Dunn, attorney for Valley Meat and D’Allende Meats, could not be reached Wednesday. He asked to postpone a hearing that was scheduled Wednesday in Santa Fe – a delay opposed by the attorney general – because he is attorney for Aubrey Dunn in the recount of the land commissioner race. According to unofficial results, Dunn defeated incumbent Ray Powell by less than 1 percent.
The Valley Meat/D’Allende lawsuit was removed to federal court and assigned to U.S. District Judge William P. Johnson, a former state district judge in Roswell before his appointment to the federal bench in 2001.
The removal notice suggests the Interstate Commerce clause of the U.S. Constitution may play a role in the litigation. D’Allende Meats is not a shell company, according to the removal notice, but a Texas limited liability company “seeking to engage in interstate commerce” and pursue federal permits to operate a New Mexico facility previously operated by Valley Meat.
Source: Albuquerque Journal by Scott Sandin
This article failed to mention that the USDA has already denied D'Allende Meats' application for horse slaughter inspections. Click here to view USDA document, which is included as part of a supplemental file regarding the lawsuit against Valley Meat.
Furthermore, there are currently no U.S. appropriated funds for any horse slaughter inspectors anywhere in the country. More good news, the Fiscal Year 2015 omnibus federal spending bill put forward by congressional negotiators this week includes the vital amendment that continues to block the use of federal funds to inspect horse slaughterhouses. The renewal of this spending ban will prevent horse slaughterhouses from opening in the United States for at least one more year.
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.
A state district judge issued a preliminary injunction Friday night against a horse-slaughter plant in New Mexico.It was another setback, perhaps a fatal one, for Valley Meat Co., which for two years has been the target of lawsuits and heavy public opposition. The company wants to kill horses and sell the meat in foreign markets.
Judge Matthew Wilson of Santa Fe granted the injunction against the company. He accepted state Attorney General Gary King’s arguments that Valley Meat would harm the environment and contaminate the food chain.
Wilson’s ruling came after a confusing afternoon, in which he first issued an order saying he would hold a hearing on whether he should remove himself from the case because of challenges to his impartiality.
Lawyers for the slaughterhouse had filed an emergency motion asking Wilson to recuse himself. They said the judge had a conflict of interest that he failed to disclose, and that his Facebook page showed evidence of bias against Valley Meat Co.
Blair Dunn, a lawyer for Valley Meat Co., said Wilson had ties to King’s office but never mentioned them when hearing King’s lawsuit against the company. “We learned [Friday] that Judge Wilson up until 2010 worked as a special assistant attorney general assigned to the New Mexico Human Services Department. It was inappropriate that he failed to disclose that,” Dunn said.
A few hours after Wilson said he would hold a recusal hearing on whether he should be on the case, he ruled against the slaughterhouse and for the attorney general.
Dunn said his next move would be to ask the New Mexico Supreme Court to remove Wilson from the case. “We asked him nicely to recuse himself, but he’s never going to do it,” Dunn said. “The only remedy in this kind of situation is to go to the Supreme Court.”
Wilson, a Democrat, was appointed to the District Court bench in October by Republican Gov. Susana Martinez. The high-profile horse-slaughter lawsuit has been his most publicized case during his three months as a judge. On Wilson’s Facebook page, which promotes his campaign for election to the bench, various public comments against Valley Meat Co. have been posted in the last two weeks. Dunn said a judge should not have allowed comments from the public on cases he is hearing.
Wilson could not be reached about his Facebook page or Dunn’s allegations.One posting on Wilson’s Facebook page was from a woman in Pennsylvania. It said: “Implore you to not allow the needless slaughter of horses. PLS turn this down. It is disgusting and inhumane.”
In granting the preliminary injunction against Valley Meat Co., Wilson accepted all the arguments made by King’s legal team. Wilson said that, unless he ruled against the slaughterhouse, “the state and its residents will suffer irreparable injury as a result of Valley Meat’s imminent, self-declared violations” of the water-quality and food acts.
Valley Meat is not operating. But King’s lawyers argued that the company intended to begin slaughtering horses even without a state-required sewage discharge system. Dunn said in hearings before Wilson that the attorney general’s claims were not true.
Dunn said Valley Meat’s owner, Rick De Los Santos, would comply with all state and federal requirements, including sewage discharge. In fact, Dunn said, before King filed his lawsuit, the company was working with the state Environment Department to obtain a discharge permit or an acceptable pump-and-haul system.
Dunn said King’s lawsuit should have been thrown out by Wilson because the case was being reviewed administratively by the Environment Department. Moreover, Dunn argued that Wilson’s court had no jurisdiction over meat inspections or water-quality complaints.
No matter what happens in the state courts, Valley Meat and proposed horse-slaughter plants in Iowa and Missouri may never be able to open. Congress has eliminated money from the federal budget for horse-meat inspectors. A similar budgetary maneuver in 2007 effectively closed U.S. horse-slaughter plants.
De Los Santos said the congressional cuts did not end horse slaughter. Rather, he said, American horses were simply exported to border countries and killed there. About 158,000 U.S. horses were shipped to Mexico and Canada in 2012, mostly to slaughterhouses. De Los Santos said the export system meant horses live in pain and filth during transport to distant slaughterhouses.
Proponents of U.S. horse slaughter have included the Yakama tribe in Washington state. Its lawyer, John Boyd of Albuquerque, has argued that an explosion of wild horses was wrecking the environment and reducing elk and deer populations on tribal lands.
One of King’s main arguments against Valley Meat Co. was that horse meat could be tainted with drugs. King said New Mexico’s reputation would suffer globally if the state were the source of an unsafe food product.
Source: Santa Fe New Mexican by Milan Simonich
Click Here to read Judge Matthew's 1/17/14 Ruling [PDF]
Today, President Obama signed into law an omnibus $1.1 trillion, 1,582-page spending bill that contains some very good news for horses and those of us who love them.
Most immediately, the Act ensures that horses will not be slaughtered for human consumption in this country for the time being—restoring a ban on using any Federal dollars to inspect horse slaughter facilities. Without those government inspections, slaughterhouses are not legally able to comply with Federal Meat Inspection Act standards.
Although no horse has been legally slaughtered for food on U.S. soil since the remaining plants were finally shut down in 2007, last year three facilities in New Mexico, Iowa & Missouri were granted permits to start slaughtering horses again—after one plant sued the USDA to allow the killing to begin. This was only possible because Congress’s previous inspection funding ban expired in 2011, demonstrating that targeting inspections is at best a temporary and tenuous tool in the effort to permanently protect American horses from harm.
Indeed, letting this provision lapse has led a tumultuous, high-stakes battle this past year—with the USDA initially issuing permits to slaughter horses, animal advocates suing to stop them, courts imposing injunctions to halt the process (and then rescinding them), local and state agencies denying permits, and even current and former Governors weighing in publicly to try and stop the killing. It has been a massive drain of time, resources, and energy for all involved.
Thankfully horse slaughter has again been derailed, but just for the moment, as this renewed ban lasts only through September 30, 2014, the end of the fiscal year. In order to truly bring an end to this abhorrent practice, it is time to urge your members of congress to pass the Safeguard American Foods Export (SAFE) Act S. 541 and H.R. 1094. This bill would permanently ban the domestic slaughter of horses and halt the export of American horses for slaughter abroad by prohibiting the “sale or transport of horses in interstate or foreign commerce for purposes of human consumption.” Please make a call today.
But wait, that’s not all… Today’s enacted spending bill also restored protections for wild horses as well. Using the same funding ban tactic, the bill prohibits the expenditure of Federal funds on “the destruction of healthy, unadopted, wild horses and burros…or for the sale of wild horses and burros that results in their destruction for processing into commercial products.” This helps fix a 2004 spending amendment that removed 34-year old protections and allowed the Bureau of Land Management to sell wild horses for slaughter if they were over ten years old or had failed to be adopted at least three times.
Additionally, today’s bill grants the U.S. Forest service authority to spend or transfer funds to help adopt wild horses and burros from National Forest System lands, and also for the BLM to enter into 10-year agreements “for the long-term care and maintenance of excess wild free roaming horses and burros” on private lands.
All-in-all a great day for American horses…but there is still much work to be done.
Now let’s get the SAFE Act passed and make these protections permanent.
Source: Animal Legal Defense Fund by Chris Green
WASHINGTON --The ASPCA® (The American Society for the Prevention of Cruelty to Animals®) today applauds the U.S. House of Representatives for voting to prohibit the use of tax dollars to inspect U.S. horse slaughter facilities, reinstating a ban on domestic horse slaughter for the 2014 fiscal year.
The massive omnibus bill containing the defund language is expected to pass the U.S. Senate and be signed into law by the president later this week.
“The message from Capitol Hill is loud and clear on this issue: Our horses deserve better and this abhorrent industry will not be tolerated. Using taxpayer dollars to fund the inhumane horse slaughter industry is reckless and wasteful,” said Nancy Perry, senior vice president of ASPCA Government Relations. “We thank the members of the House for halting efforts to resume horse slaughter on U.S. soil and urge the Senate to quickly pass this bill.”
The defund provision was approved by both the House and Senate Agricultural Appropriations Committees as amendments offered by Rep. Jim Moran (D-Va.) and the late Rep. Bill Young (R-Fla.) and Sens. Mary Landrieu (D-La.) and Lindsey Graham (R-S.C.).
Congress regularly included a similar spending prohibition each year from 2005 to 2010, but failed to include the language in the 2012 budget, opening the door for a return of horse slaughter in the U.S., despite broad opposition to the practice. Several applications to open horse slaughter facilities have recently been filed with the U.S. Department of Agriculture (USDA) in New Mexico, Missouri and Iowa.
“I am incredibly proud that the omnibus appropriations bill includes a provision banning USDA inspections at horse slaughter plants, effectively prohibiting horse slaughter in the U.S.,” said Rep. Moran.
“These incredible companion animals don’t deserve to be callously slaughtered for human consumption. We fought hard for the past three years to reinstate this ban to prevent slaughter facilities from reopening on American soil. This achievement would not have been possible without the support of numerous federal, state and local officials, animal protection organizations, and dedicated citizens across the country.”
In a national poll commissioned by the ASPCA, it was revealed that 80 percent of American voters are opposed to the slaughter of U.S. horses for human consumption. Horse slaughter is inherently cruel and often erroneously compared to humane euthanasia. The methods used to slaughter horses rarely result in quick, painless deaths, as horses are difficult to stun and often remain conscious during their butchering and dismemberment. Whether slaughter occurs in the U.S. or abroad, these equines suffer incredible abuse even before they arrive at the slaughterhouse, often transported for more than 24 hours at a time without food, water or rest, and in dangerously overcrowded trailers where the animals are often seriously injured or even killed in transit. The majority of horses killed for human consumption are young, healthy animals who could go on to lead productive lives with loving owners. Last year, more than 160,000 American horses were sent to a cruel death by a grisly foreign industry that produces unsafe food for consumers.
While the FY 2014 spending bill protects American communities from the devastating environmental and economic impact of horse slaughter facilities, it does not prohibit the transport of U.S. horses for slaughter across the border to Canada and Mexico. To address this issue, Sens. Landrieu and Graham, and Reps. Patrick Meehan (R-Pa.) and Jan Schakowsky (D-Ill.), introduced the Safeguard American Food Exports (SAFE) Act (S. 541/H.R. 1094)—bipartisan legislation that would end the current export of American horses for slaughter abroad, and protect the public from consuming toxic horse meat.
For more information on the ASPCA and to join the ASPCA Advocacy Brigade, please visit www.aspca.org.
A New Mexico hearings officer says the state should deny a wastewater discharge permit for Valley Meat in Roswell, and the Missouri Department of Natural Resources says it will get back to Rains Natural Meats in Gallatin once it decides if horses are livestock.
These state regulatory barriers now face the two companies planning to slaughter horses after the Dec. 13 decision from the Tenth Circuit U.S. Court of Appeals in Denver gave USDA permission to provide equine inspections for the two businesses.
The professional water quality staff in the New Mexico Department of the Environment wanted to give a water discharge permit to Valley Meat, but the hearing officer assigned to hear the case, Felicia Orth, recommended that the application be denied due to the company’s previous environmental violations when it was a cattle slaughterhouse.
Valley’s past history, Orth stated, shows a “willful disregard” of New Mexico’s water quality provisions, a question of law and fact that justifies denial. Her recommendation, along with the 49-page decision, now goes to Ryan Flynn, New Mexico’s Secretary of the Environment.
Blair Dunn, attorney for both Valley Meat and Rains Natural Meats, said the Roswell facility requires either a discharge permit for up to 8,000 gallons a day into underground holding tanks, or else it will have to rely on a pump and haul operation, which apparently does not require a permit.
Dunn has 15 days to file a response to the hearing officer’s decision, and Flynn then has 30 days after that to make his decision.
In Missouri, where top state officials claim to be staying out of regulatory decisions, the state DNR says it has to decide if horses are included in the permit it already issued to Rains to slaughter livestock. Dunn says horses have long been deemed livestock under Missouri’s laws and regulation.
A spokesman for Gov. Jay Nixon says the governor’s office is not involved in the decision-making.
Finally, in the ongoing legal action involving possible horse slaughter, the Santa Fe District Court’s family law judge will entertain oral arguments on Monday on whether to continue a restraining order against Valley’s operation until a civil suit brought by Attorney General Gary King plays out.
Both Valley and Rains want to produce horsemeat for human consumption, but only for export. An estimated 158,000 U.S. horses were slaughtered in Mexico and Canada in 2012. No USDA-inspected horse slaughter has occurred in the U.S. since 2007, but the practice could resume under existing USDA budget authority.
Source: Food Safety News by Dan Flynn
ALBUQUERQUE, N.M. (AP) — The owners of a Roswell company mired in legal disputes over its attempts to resume domestic horse slaughter have notified New Mexico Attorney General Gary King they intend to sue his office for slander, harassment, conspiracy and abuse of process.
Valley Meat Co. attorney Blair Dunn Monday sent letters to the state risk management division, giving the required 30-day notice of its planned legal filing.
King has filed a lawsuit that has blocked Valley's planned opening this month, alleging the horse slaughter plant would violate state environmental and food safety laws.
Dunn contends the state lacks jurisdiction over the federally regulated plant.
A federal lawsuit brought by animal protection groups was thrown out last year, and is currently on appeal. After the appellate court last month lifted an order blocking Valley and a plant in Missouri from opening, citing the plaintiffs' inability to show a likelihood to prevail, King filed the state suit. A Santa Fe judge has issued another temporary order putting the business on hold until a hearing next week.
Dunn says King is conspiring with the animal protection groups, the Humane Society of the United States and Front Range Equine Rescue, to block a lawful business with a frivolous lawsuit to further his gubernatorial bid.
"They are trying to drive Valley out of business," Dunn said. "They don't agree with the lawful business so instead of changing the law they decided they will try to destroy Valley. HSUS and Front Range have stated their goal is to drive Valley out of business."
Dunn has also accused King's spokesman, Phil Sisneros, of making defamatory statements about him and questioning his legal capabilities.
Sisneros did not immediately respond to calls and emails seeking comment.
Valley Meat and companies in Missouri and Iowa last year won federal permits to become the first horse slaughterhouses to operate since Congress effectively banned the practice by cutting funding for inspections at plants in 2006. The last of the domestic plants closed in 2007. Congress in 2011 reinstated the funding.
Valley Meat Co. owner Rick De Los Santos has led the effort to force the Department of Agriculture to permit the horse slaughter plants, sparking an emotional, national debate on whether horses are livestock or companion animals.
Animal protection groups argue the practice is barbaric.
Proponents argue it is better to slaughter unwanted horses domestically than have them shipped thousands of miles to Canada or less humane facilities in Mexico.
The Iowa plant switched to cattle after the federal lawsuit blocked the plants from opening in August. Rains Natural Meats in Gallatin, Mo., had, like Valley, hoped to open this month. But it is currently waiting for state approval of a wastewater permit.
Rains Vice President David Rains said politics is also to blame for the delays in Missouri.
Source: AP by Jeri Clausing
Tomorrow, New Mexico Attorney General Gary King will be back in court seeking to block the opening of a horse slaughter plant in his state because of unresolved questions about waste disposal and unsafe chemicals in the meat. We hope he prevails. Attorney General King—joined by The HSUS and Front Range Equine Rescue—made similar arguments in the federal courts, which have produced a series of red and green lights for horse slaughter plant proponents over the last five months. Both King, as the state’s top law enforcement official, and the state’s Republican governor, Susanna Martinez, oppose the opening of a horse slaughter plant, so the state has hardly rolled out the welcome mat for the would-be horse butcherers and traders.
Taking a step back from the legal wrangles in the state and federal courts, I am amazed that the people behind horse slaughter continue to proceed with their thoroughly unpopular gambit, given the impossibly difficult regulatory and social environment they find themselves in. The only explanation for their perseverance must be that they have some financiers willing to bear the costs in their attempt to march healthy horses onto slaughterhouse floors. There’s just no way to view horse slaughtering as a viable business in the current environment, and its future, from a strictly economic perspective, is bleak as bleak can be.
You don’t find too many people seeking to open up whale processing facilities, or cockfighting arenas, on American soil, because any sane investor knows it’s a fool’s errand. There are just too many practical obstacles—legal, political, and social—in the way, even if the proponents had unfailing enthusiasm about the idea of killing whales or fighting roosters. The enterprise depends not only on the enthusiasm of the handful of boosters, but on society’s broader acceptance of the enterprise.
> First, as the operators of proposed slaughter plants in Iowa, Missouri, and New Mexico have learned, there is major local opposition to their enterprises. They will have to contend with a battery of regulatory challenges, protests, and public criticism if they wish to operate.
> Second, Congress is likely to shut the door on the industry, at least for the coming year. Both the House and Senate Appropriations Committees have language in their 2014 spending bills that forbids USDA from spending any money to inspect the plants, and that means the plants won’t be able to operate. Now that a budget agreement has been reached, Congress is expected to act on that legislation by January 15th. All along, this prospect has been looming, and it defies easy explanation that these slaughter plant operators would go the expense of setting up plants and hiring staff even as Congress acts to put a stop to it all.
> Third, there is a highly uncertain market for their product. While there’s never been any demand in the U.S. for horse meat, the industry has relied on markets overseas, principally in Europe. But demand there has been in decline, and according to Animal People, per capita consumption is more than a pound per year in just four of 28 EU nations. Since the scandal that saw horsemeat mislabeled and sold as beef in several countries, per capita consumption rates has declined further still, due to concerns about food safety and the changing tastes of consumers.
Some big money player is probably backing the horse slaughter plants, and allowing them to make totally irrational business decisions. But it’s an economic dead end. One way or another, Americans won’t let these plants operate, just like we wouldn’t allow dog and cat slaughter plants, whale processing, or cockfighting arenas to operate. We have a great entrepreneurial spirit in America, but we also have core values. Horse slaughter just doesn’t make the cut as a legitimate business in our great country.
Source: The Humane Society of the United States, by Wayne Pacelle
AG’s Request for TRO Granted; In Effect Until Jan. 3 Hearing
(SANTA FE)---New Mexico Attorney General Gary King applauds the efforts of his office as they together continue working to stop Valley Meats from beginning commercial horse slaughter operations in Roswell, New Mexico.
At AG King’s request, First Judicial District Court Judge Matthew Wilson has issued a Temporary Restraining Order (TRO) that stops Valley Meats from opening as they planned January 1, 2014.
Attorney General King sought the TRO because Valley Meat had stated it would begin operating even though it lacked the required regulatory approval. With the newly scheduled hearing, the court can now more fully consider the dangers posed by commercial horse slaughter and Valley Meat’s long history of non-compliance with existing laws.
The hearing on AG King’s request for a longer-term injunction is January 3, 2014 in the First Judicial District courthouse in Santa Fe.
The filed TRO is available on the AG’s web site, www.nmag.gov, under news releases.
On December 19, Attorney General King filed a lawsuit against Valley Meat Company, its owner and two related companies that want to bring commercial horse slaughter to New Mexico. 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.
NMAGO NEWS RELEASE
Attorney General Gary K. King
Tuesday, December 31, 2013
CONTACT: Phil Sisneros 505-222-9174 or Lynn Southard 505-222-9048
A state district judge on Monday issued a temporary restraining order to prevent a Roswell horse slaughterhouse from opening this week before a hearing scheduled for Friday. The company previously said it planned to open on Jan. 1.
Valley Meat Co. attorney Blair Dunn said the company expected to wait to start operations until management has clarity on two remaining hurdles: the lawsuit filed by State Attorney General Gary King in the 1st Judicial District earlier this month and a wastewater discharge permit required by the state Environment Department.
Judge Matthew Wilson scheduled a hearing for Friday for Valley Meat to show cause for why the temporary restraining order “should not be extended or a preliminary injunction issued,” according to the order.
The potential opening of what would be New Mexico’s only horse-slaughtering facility has been at the heart of an emotional debate over how the state, and the nation, should handle unwanted horses. Currently, the U.S. exports tens of thousands of horses to Mexico and Canada each year, an unknown percentage destined for slaughter.
The Valley Meat plant previously was a beef slaughterhouse, but has been closed since March 2012.
In the lawsuit, King charged that Valley Meat has chronically failed to comply with state environmental and safety laws over the years, and sought a temporary restraining order, as well as a preliminary and permanent injunction to prevent the slaughterhouse from opening.
Dunn denies the allegations against Valley Meat, saying of King’s lawsuit, “Their legal claim is not substantiated.”
The attorney general filed his lawsuit after a federal appeals judge rescinded an injunction that had kept the slaughterhouse from opening as a separate lawsuit winds its way through the federal appeals system.
“Judge Wilson has only seen their side of the story so far,” Dunn said. “I expect that when this judge gets all the facts put in front of him, he will dismiss this one, too.”
Valley Meat owner Rick De Los Santos said while the company awaits the judge’s decisions, “We’re definitely moving forward getting ready to open.” He said he has contacted a dozen former employees who are waiting for the green light to return to the plant.
Besides the legal hurdles still ahead, the slaughterhouse requires a water discharge permit from the Environment Department before it can begin operations.
Dunn said the slaughterhouse is seeking a 60-day permit that would allow the company to “pump and haul” wastewater to a facility approved by the Environment Department. The temporary permit could be released as soon as the first week of January, he said, before the department makes a final ruling on the company’s water discharge permit request.
“We’re hoping to have it sorted out before then and open in the next couple of weeks,” Dunn said.
Environment spokesman Jim Winchester said the agency is preparing a transcript of a public hearing on the water discharge permit in October that will go to Secretary Ryan Flynn for final review. “He will look at the merits of the permit request and determine whether to issue the permit,” Winchester said in an email. “That’s not expected until February.”
Source: Albuquerque Journal News by Lauren Villagran