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shell company, through which they applied for the very same permits to conduct commercial horse slaughter that they had withdrawn only a few weeks earlier.”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.
Bipartisan Poll Finds Western Voters Oppose Transfer of America’s Forests and Public Lands to State Ownership
According to new public opinion research released today, a majority of voters in eight Western states oppose the idea that the management and costs of America’s national forests and other public lands should be transferred to state governments. The survey of 1,600 voters, conducted jointly by a bipartisan polling team of two leading national opinion research firms, Public Opinion Strategies and Fairbank, Maslin, Maullin, Metz & Associates, is the first in-depth analysis of Western voters’ views about state-level proposals to transfer U.S. public lands to state ownership.
Across the eight-state region, 59 percent of respondents agree that having state government assume full responsibility for managing U.S. public lands, including paying for all related costs, would not be fair to taxpayers in their state. These voters believe that transferring U.S. lands to state ownership would result in having to raise state taxes or sell off prized lands to cover expenses. Only 35 percent of respondents agreed with the arguments put forward by proponents of efforts to transfer U.S. lands to state control.
“In New Mexico, we have a deep connection to our public lands. They are part of our history, our culture, and our economy,” said Sen. Martin Heinrich (D). “These lands belong to all of us, and it is imperative that we keep it that way. Efforts to seize or sell off millions of acres of federal public lands throughout the West would bring a proliferation of closed gates and no trespassing signs in places that have been open and used for generations. These privatization schemes would devastate outdoor traditions such as hunting and fishing that are among the pillars of Western culture and a thriving outdoor recreation economy.”
“It’s no surprise that Montanans want to keep their public lands public,” said Sen. Jon Tester (D). “These places not only create lasting memories for our families, they are also huge economic drivers for our communities. We must keep these treasured places accessible for our kids and grandkids, and I will keep working to improve that access.”
In 2012, the State of Utah enacted a law calling for U.S. public lands to be transferred to the state of Utah. Similar proposals have been put forward or are in development in seven other Western states.
“The overwhelming majority of Westerners view the national forests and other public lands they use as American places that are a shared inheritance and a shared responsibility,” said David Metz, president of FM3 Research. “Rather than supporting land transfer proposals, voters say their top priorities are to ensure public lands are protected for future generations and that the rangers and land managers have the resources they need to do their jobs.”
The survey was conducted by phone between September 10 and September 14 and reached 1,600 voters; 200 voters in each of the states of Colorado, Idaho, Montana, New Mexico, Nevada, Oregon, Utah, and Wyoming. For a summary of state-specific results, click here.
“The idea of states taking over control and the costs for managing these lands is pretty divisive. Successful policy proposals usually start with far greater support,” said Lori Weigel, a partner at Public Opinion Strategies. “The first barrier this proposal seems to encounter is that while the federal government isn’t popular in these states, voters are far more positive about the role these specific agencies are playing.”
Although more Westerners disapprove than approve of the job the federal government is doing—at negative 41 percent approval —more Westerners approve than disapprove of the jobs that U.S. land management agencies are doing; the approval ratings for the Bureau of Land Management—14 percent—the U.S. Fish and Wildlife Service—58 percent—the U.S. Forest Service—57 percent—and the National Park Service—60 percent—are all well higher than their disapproval ratings. What’s more, 94 percent of respondents’ said that their last visit to national public lands was a positive experience.
“This bipartisan research found that Americans believe we should be protecting parks and public lands for future generations, not selling them off to the highest bidder,” said Matt Lee-Ashley, a Senior Fellow and the Director of the Public Lands Project at the Center for American Progress. “It also shows that the politicians and special interests behind these land seizures schemes are well outside the mainstream in the West.”
For an analysis of the survey results, click here.
For a PowerPoint summary of the bipartisan research, click here.
For the survey results, click here.
State Efforts to ‘Reclaim’ Our Public Lands, by Jessica Goad and Tom Kenworthy
“Bundy’s Buddies” – Four-part series from the Center for American Progress Action Fund
Source: Center for American Progress
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.