USDA is not required to conduct an Environmental impact Statement or Environmental Assessment in order to grant equine inspection services to businesses planning to pack horsemeat for export, U.S. District Court Judge Christina Armijo ruled Friday. The judge denied the request by animal groups for a permanent injunction and dismissed the case challenging USDA’s authority.
And it was a defining victory for the Department of Justice attorneys who re-affirmed USDA powers contained in the Federal Meat Inspection Act that go back more than 100 years. It means horse slaughter for human consumption could resume shortly under USDA inspection for the first time since 2006.
“Valley Meat Company, LLC and Rains Natural Meats are both very please with the decision of Judge Armijo, sai Albuquerque attorney A. Blair Dunn. “This is a very well reasoned and through opinion. Valley and Rains are very grateful for the hard work and thought that Judge Armijo put into this decision. Both companies will now focus on final preparations to open and begin work.”
Both Valley Meats and Rains Natural Meats, along with Iowa’s Responsible Transportation, obtained grants of inspection from USDA. The two businesses Dunn represents are now going forward with their plans, while the Iowa firm’s intention now are
Armijo, the chief federal judge in New Mexico, sided with USDA’s historic interpretation of its governing law, namely that it has little or no discretion over whether to issue a grant of inspection. Instead, she ruled USDA has a duty to inspect meat and meat products even of the unpopular equine variety.
At one time, she noted, the Secretary of Agriculture was given the “discretion” to provide inspectors, but Congress changed that to “the Secretary shall provide such inspectors.” Click Here to view court ruling document.
Since the horse and animal welfare groups sued USDA four months ago, nationally known animal law attorney Bruce A. Wagman argued inspection decisions fell under the National Environmental Policy Act (NEPA) and the Administrative Policy Act (APA). But the federal court found these only apply to discretionary agency actions, not to those mandated by law.
Other federal laws and rules enforced by USDA’s Food Safety and Inspection Service (FSIS) also apply to horse slaughter houses, including requirements for hazard and sanitation plans, humane animal handling and proper sanitary conditions. The three equine packing houses had met those requirements as part of the USDA grant of inspection process.
While horsemeat is a source of protein for consumers in Asia and Europe, no issue involving animal agriculture stirs emotions more in the U.S than does horse slaughter. In the now dismissed case, both sides agreed to allow the judge to hear it on an expedited basis. An appeal would likely go to the 10th Circuit in Denver.
Source: Food Safety News
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 over American borders. Click Here to Take Action!