Citing federal budget restrictions, the Missouri Department of Natural Resources has turned down a permit request from a northwest Missouri business that sought to process horses for meat.
The DNR said in a letter Thursday to David Rains, owner of Rains Natural Meats in Gallatin, that the agency has denied Rains' permit request for his proposed horse slaughter operation because the new federal budget withheld funding for required federal inspections of the slaughtering process.
As stated in the letter to Rains;
“Because this federal action effectively prohibits the processing of horses, further evaluation of your application to amend the permit to allow such activity is unwarranted. Your application is therefore denied”.
The resumption of commercial horse slaughter in the U.S. was effectively blocked last week when President Barack Obama signed a budget measure that stops the U.S. Department of Agriculture from spending money for inspections necessary for slaughterhouses to ship horse meat interstate and export it.
Rains didn't immediately return a call seeking comment Thursday
Click Here to Read Denied Water Discharge Permit Letter to Rains [PDF]
Help Ban Horse Slaughter Nationwide! 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 USA—it will also stop the trafficking of horses to slaughterhouses over American borders. Click Here to Take Action!
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
Congress' latest budget bill blocks the resumption of horse slaughter in the U.S. by cutting funding for inspections of the process. The prohibition on spending by the Department of Agriculture is included in the $1.1 trillion budget bill that Congress sent to President Obama on Thursday, January 16, 2014.
Animal protection groups applauded the vote.
"Americans care for horses, we ride horses, and we even put them to work. But we don't eat horses in the United States. And we shouldn't be gathering them up and slaughtering them for people to eat in far-off places," said Wayne Pacelle, president and CEO of The Humane Society of the United States, one of a number of groups involved in litigation that has blocked proposed horse slaughterhouses from opening in New Mexico, Missouri and Iowa.
The last domestic horse slaughterhouses closed in 2007, a year after Congress first cut funding for the inspections in an attempt to shutter the industry.
Funding was restored in 2011, and Valley Meat Co. in Roswell, N.M., has been fighting since to convert its small cattle operation to horse slaughter. Last year, Valley and plants in Iowa and Missouri received federal permits to open, but the efforts have been blocked by a series of court orders.
Valley's efforts ignited an emotional, national debate over whether horses are companion animals or livestock, and sparked divisions between rescue groups, Indian tribes and politicians over the most humane way to deal with neglected and abandoned horses.
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 message from Capitol Hill is loud and clear on this issue: Our horses deserve better, and this abhorrent industry will not be tolerated," said Nancy Perry, senior vice president of ASPCA Government Relations.
Despite the growing government action to keep horse slaughter from resuming, an attorney for Valley and Rains Natural Meats of Gallatin, Mo., said Thursday his group will continue to fight to produce horse meat.
Blair Dunn said the companies would be looking at filing a claim that the funding ban violates provisions of the North American Free Trade Agreement.
Source: AP by Jeri Clausing
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
The Missouri Department of Natural Resources (DNR) will help determine the fate of a proposed horse slaughter plant later this month, as state officials weigh a permit application that would allow the facility to begin processing equines in Gallatin.
With the deadline for a decision looming, officials with the company, Rains Natural Meats, say they are worried that political pressure will influence the process.
Rains' company representatives say DNR officials have already misinterpreted Missouri regulations in dealing with the horse slaughter issue.
But Gena Terlizzi, a DNR spokeswoman, said the agency has strictly adhered to state procedures. And she noted that Rains initially signaled it would not be slaughtering horses at the facility.
In November, the natural resources agency granted Rains a general operating permit to begin slaughtering livestock, except for horses. "DNR granted the permit they requested," said Terlizzi.
But attorneys for Rains say the state has never excluded horses in granting such permits, and they objected to the exclusion of equines. "Horses have always been considered livestock under Missouri law and code," said Blair Dunn, a New Mexico-based attorney representing Rains. But now, DNR officials have "got it into their heads" to treat horses differently, he said.
He suggested the decision was political. "The resistance in Missouri seems to come from the agency and therefore the governor," Dunn said. The Humane Society of the United States "screams so loud it makes politicians nervous. They don't want to get crosswise with them for fear of being attacked."
Scott Holste, a spokesman for Gov. Jay Nixon, did not respond to questions about whether Nixon supports horse slaughter for human consumption. He referred questions to Terlizzi, the DNR spokeswoman, who said the matter was being handled in accordance with Missouri regulations and with no involvement from the governor's office.
Bruce Wagman, an attorney for Front Range Equine Rescue, a horse advocacy group that has been fighting Rains' efforts to secure a permit, said DNR was right to make the distinction between horses and other livestock. Cows, pigs, and other animals are raised in a regulated environment with the knowledge that they will eventually be consumed by humans.
"The big difference with horses is they're raised as our companion animals, or work animals, or race horses," he said. Over the course of their lives, they're often given "a whole bunch of drugs" without their owners thinking "this is going to be meat," said Wagman.
Rains Natural Meats officials scoffed at this, saying any horses they purchase for slaughter will be tested for drugs, following federal guidelines. "We only work through certified horse buyers, and they will not get their money for those horses until they have a clean test," said David Rains, vice president of the company. And he said it would be "bad business" for him to sell meat with traces of pharmaceuticals.
In November, Rains amended its application and asked for a new permit with no exclusions. The state has until Jan. 26 to rule on the new application.
"If the new general operating permit issued to Rains by DNR in late January contains language prohibiting equine processing, it will be a clear indication to many that Jay Nixon and (Attorney General) Chris Koster are not friends of farmers, ranchers and the agriculture business in Missouri," said Dan Erdel, another attorney representing Rains.
David Rains has said he thinks there will be a significant domestic and foreign market for his company's horse-meat products. "There's going to be a surprising domestic market, and there is an export market," he said in a June interview. "There's some interest on the zoo side, too."
If Rains and the other companies open their doors, it will be the first time horses have been slaughtered for human consumption since 2007. Congress paved the way for the resumption of horse slaughter in 2011, by lifting a ban first enacted in 2006 that barred the Agriculture Department from using federal funds to inspect any meat processing plants that slaughter horses. Plants that are not inspected by the USDA cannot ship meat across state lines, so that 2006 provision effectively ended domestic horse slaughter.
In the wake of Congress' move to lift the ban, the Humane Society and other groups quickly mounted legal challenges and began lobbying Congress for a permanent ban on horse slaughter. A federal court recently lifted an emergency injunction blocking Rains and two other companies - one in Iowa and the other in New Mexico - from processing horses for meat.
Animal-rights groups have argued that slaughtering horses is inhumane and unnecessary. But supporters say slaughter is a good end-of-life option for horses whose owners no longer need or want them. They say the ban led to an increase in abandoned and neglected horses in Missouri and elsewhere.
Rains is also waiting to receive a federal permit from the USDA's Food Safety Inspection Service. A spokeswoman for the USDA did not return a message asking about the status of Rains' federal application.
Source: News-Leader by Deirdre Shesgreen
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
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
ALBUQUERQUE, N.M. (AP) — New Mexico's top prosecutor filed a lawsuit Thursday in state district court in an attempt to block a planned horse slaughter plant from opening in less than two weeks.
The move by Attorney General Gary King comes after a federal appeals court rolled back a court order that had kept Valley Meat Co. from starting operations earlier this fall. Owner Rick De Los Santos has been making plans to open Jan. 1, and his attorney said Thursday that those plans haven't changed.
Attorney Blair Dunn called King's lawsuit frivolous and a waste of taxpayer money. Under state law, if a judge issues a restraining order or preliminary injunction, a security bond would have to be posted by the state while the legal challenge winds its way through the court. Dunn said that could cost New Mexico as much as $435,000 a month.
"As a New Mexican, as a taxpayer, I'm beyond offended and I think it's almost criminal what they're doing. They're wasting everybody's money," Dunn said.
King defended the lawsuit, saying Valley Meat stands to violate state laws related to food safety, water quality and unfair business practices.
"I believe that the operation of this plant in New Mexico is antithetical to the way we do business in New Mexico," King said. "We don't eat horses in New Mexico, and we think this is an inappropriate use of this plant."
Valley Meat and proposed plants in Missouri and Iowa have been the targets of animal protection groups trying to block the slaughtering of horses. Valley Meat began leading the effort to resume domestic horse slaughter two years ago after Congress lifted its ban on the practice. In August, as plants in the three states were preparing to open, The Humane Society of the United States and other animal protection groups sued to contest the Department of Agriculture's permitting process.
A federal judge in Albuquerque issued a temporary restraining order, prompting the Iowa company to convert its operations to beef. U.S. District Judge Christine Armijo threw out the lawsuit in November, allowing all three companies to proceed.
The animal protection groups appealed to the 10th U.S. Circuit Court of Appeals, which issued an emergency motion that again blocked the plants from opening. The appellate court lifted that order last week, saying the groups "failed to meet their burden for an injunction pending appeal."
Animal Protection of New Mexico and Front Range Equine Rescue were among the groups throwing their support behind King's lawsuit on Thursday.
According to the lawsuit, Valley Meat has a history of violating state and federal environmental and safety laws while operating as a beef slaughterhouse. The state says Valley Meat's failure to monitor and test water samples as part of its past discharge permits dates back decades. The company is also accused of disposing of carcasses illegally.
Dunn challenged the state's claims and accused King, a Democrat who is running for governor, of politicizing the case.
While it could be weeks before the state district court rules on King's request, Dunn said Valley Meat will continue to prepare for operations to begin. The company says it has multiple international contracts lined up.
Source: Huffington Post by Susan Montoya Bryan, AP
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