Texas Court Issues Split Decision on 2024 HPA Rule

The Walking Horse Report issued a press release on January 31, 2025 that United States District Court Judge Matthew J. Kacsmary ruled that the USDA’s amendment to the Horse Protection Act scheduled to go into effect February 1, 2025 exceeds their authority and fails to provide due process.

According to The Walking Horse Report, Judge Kacsmary ruled:

1. USDA exceeded its statutory authority by instituting a blanket prohibition on action devices, pads, and certain substances used within the industry.
2. The DCIS provision that replaced the Scar Rule did not provide adequate due process protections.
3. The absence of a proper pre- and post-deprivation review mechanism in the 2024 Rule violated due process requirements.

However, the Court found that the provision of the 2024 Rule addressing the abolishment of the DQP (Designated Qualified Person) inspection program did not violate the Regulatory Flexibility Act nor was it deemed arbitrary or capricious. Therefore, the USDA will be permitted to set inspector qualifications and train HPIs (Horse Protection Inspectors) in an effort to reduce conflicts of interest.

If the decision is not contested by the Plaintiffs, we expect the regulations to take effect April 2, 2025 following the 60-Day postponement announced by USDA last week. Equine Sports Council will continue to work with our D.C. contacts and the American Horse Council on efforts to ensure the fair and reasonable enforcement of the HPA in order to eradicate the practice of intentionally soring. ESC is dedicated to educating lawmakers about, promoting and protecting the Trotting Breeds.