United States District Judge Matthew J. Kacsmaryk issued his ruling today in the Tennessee Walking Horse National Celebration, Tom Gould and Kimberly Lewis’ challenge to the USDA’s rule to amend the Horse Protection Act. In his opinion Judge Kacsmaryk summarized, “The Court HOLDS that: (1) USDA exceeded its statutory authority by promulgating a blanket prohibition on action devices, pads and substances; (2) the DCIS provision replacing the Scar Rule fails to provide adequate due process; and (3) the lack of genuine pre- and post-deprivation review in the 2024 Rule fails to provide adequate due process. However, the 2024 Rule provision regarding the DQP program does not constitute an excess of statutory authority, arbitrary or capricious decision-making, or a violation of the Regulatory Flexibility Act.”

Even though Judge Kacsmaryk ruled in favor of the USDA’s rule’s provision eliminating the DQP program that provision, if not challenged through appeal, would not go into effect until April 2, which is in line with the 60 day extension USDA released last week.

To view the complete opinion click here.