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.
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
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
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
Nonprofit Horse Rescue Group Leads the Fight Nationwide to Prevent Horse Slaughter and Protect the Public
LARKSPUR, Colo., December 16, 2013 – Front Range Equine Rescue (FRER), a national nonprofit working to end the abuse and neglect of horses through rescue and education, has taken measures to prevent the slaughter of horses for human consumption in both New Mexico and Missouri.
Late last week, FRER filed a 90-page brief in New Mexico explaining that state law mandates Valley Meat in Roswell, N.M. be rejected in its quest to start slaughtering horses for meat.
In a separate action, FRER has intervened in a Missouri proceeding in which a Gallatin, Mo.-based slaughterhouse there is trying to begin slaughtering horse for human consumption, despite clear environmental dangers and likely toxic deposits that would result from the practice.
FRER was the first group to discover that Valley Meat was applying to slaughter American horses, and has since worked to expose the company’s decades-long record of violating environmental and animal welfare requirements. Over the course of two decades, Valley Meat has accumulated more than 5000 violations of state environmental laws designed to protect groundwater, the environment, rivers and other waterways.
Among the most egregious of its misconduct, Valley Meat operated a cow slaughterhouse for nearly three years without any state approval to discharge water at all, thereby avoiding any oversight that might help monitor the damage that could be done. For years, Valley Meat illegally dumped and buried cow carcasses and pieces of dead animals, despite repeated requests from state regulators to cease and desist and clean up the mess. Last week FRER documented these violations, and hundreds of others, in a submission to the New Mexico Environment Department, to support its argument that Valley Meat’s application for a wastewater discharge permit should be denied.
FRER was the first to discover that in Missouri, Rains Natural Meats intended to begin slaughtering horses, and has teamed with other Missouri groups and individuals to prevent an environmental and potential human health catastrophe. FRER has collected objective testimony from veterinarians and horse trainers proving that virtually every American horse who goes to slaughter has been given drugs that render their meat illegal and unsafe. Such drugs present a recipe for disaster when the byproducts, blood and wastewater from horse slaughter end up in the environment. Because of FRER’s desire to protect the horses and the environment, it has now entered this battle to stop the pollution of Missouri waters.
“We intend to prevent the brutal practice of horse slaughter, which can never be done safely or humanely, and leads to degradation of the environment wherever it takes place,” said Hilary Wood, President of FRER. “With the support of other like-minded people, we can keep the fight going and protect hundreds of thousands of horses.”
• More than 100,000 American horses are exported for slaughter each year.
• The slaughter pipeline is well documented as horribly cruel, with many of the horses suffering immensely during transport and the horrific attempts to render them unconscious.
• The USDA has documented the abuse and misery horses suffer at U.S. slaughterhouses.
• Virtually all the horses used for meat spend most of their lives as work, competition or sport horses, companion animals, or wild horses, and are not raised or regulated as food animals.
• During their lives, horses are given a constant regimen of drugs and other substances which are either illegal for food animals, or are potentially dangerous to people who eat them.
FRER is a nonprofit organization dedicated to the rescue and rehabilitation of abandoned and abused horses, and the elimination of American horse slaughter for human consumption. For two full years, FRER has been leading the national charge in preventing the slaughter of American horses for human food. It intends to continue its efforts until the practice is permanently outlawed.
About Front Range Equine Rescue (FRER)
Front Range Equine Rescue is a 501c3 nonprofit working to end the abuse and neglect of horses through rescue and education. Since 1997, FRER has assisted thousands of horses through its rescue and educational programs. Many of FRER’s rescued horses are obtained directly from livestock auctions and feed lots, which without FRER’s intervention would have shipped to slaughter.
A federal appeals court on Friday removed a temporary ban on domestic horse slaughter, clearing the way for companies in New Mexico, Missouri and Iowa to open while an appeal of a lawsuit by animal protection groups proceeds.
The 10th U.S. Circuit Court of Appeals in Denver lifted the emergency injunction it issued in November after The Humane Society of the United States and others appealed the ruling of a federal judge in Albuquerque. The judge said the U.S. Department of Agriculture followed proper procedure in issuing permits to Valley Meat Co. in Roswell, N.M., Rains Natural Meats of Gallatin, Mo., and Responsible Transportation in Sigourney, Iowa.
The appeals court's order Friday said the groups had "failed to meet their burden for an injunction pending appeal." Click Here to view court ruling.
Blair Dunn, an attorney for Valley Meat and Rains Natural Meats, said the order lifts the emergency status of the case, meaning it will likely be months before a final decision is issued. Dunn said the plants are ready to open, although they could agree to remain shuttered if the plaintiffs agree to post a sufficient bond to cover the companies' losses should they ultimately prevail.
"They are getting ready to go as quickly as they can. It shouldn't take too long. Not more than two weeks," he said. The Humane Society, however, said "the fight for America's horses is not over."
"We will press for a quick resolution of the merits of our claims in the 10th Circuit," said Jonathan R. Lovvorn, the group's senior vice president of animal protection litigation and investigations.
The plants would become the first horse slaughterhouses to operate in the U.S. since 2007. Congress effectively banned horse slaughter by eliminating funding for inspections at the plants in 2006. It restored that funding in 2011, but the USDA did not approve the first permits for horse slaughterhouses until this summer.
The issue 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, and what rescue groups have said are a rising number of neglected and starving horses as the West deals with persistent drought.
Valley Meat and Responsible Transportation were set to begin horse slaughter operations in August, but U.S. District Judge Christina Armijo blocked their plans while she heard the lawsuit by The Humane Society of the United States, Front Range Equine Rescue and others. The groups claimed the plants should have been forced to undergo environmental reviews under provisions of the National Environmental Policy Act.
Responsible Transportation abandoned its horse slaughter plans and converted its plant to cattle before Armijo dismissed the lawsuit in November.
Attorneys for the plants have argued that the plaintiffs are simply in court because they are morally opposed to horse slaughter and are looking for a way to delay the plants while they lobby Congress for a ban.
Proponents of a return to domestic horse slaughter point to a 2011 report from the federal Government Accountability Office that shows horse abuse and abandonment have increased since domestic horse slaughter was banned. They say it is better to slaughter the animals in humane, federally regulated facilities than have them abandoned to starve across the drought-stricken West or shipped to inhumane facilities in Mexico.
Wayne Pacelle, president and CEO of The Humane Society of the United States, calls the practice barbaric and has said blocking a return to domestic horse "is an issue of national importance and scale."
Source: The Associated Press by Jeri Clausing
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 across American borders. Click Here to Take Action!