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shell company, through which they applied for the very same permits to conduct commercial horse slaughter that they had withdrawn only a few weeks earlier.”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.
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!
MONTH / yEAR