In an order dated December 13, 2013, a copy of which can be downloaded here, the United States Court of Appeals for the Tenth Circuit denied an emergency motion for injunction pending appeal filed by the Humane Society of the United States (HSUS) and other animal rights groups. The motion sought to halt horse slaughter operations at three U.S. plants pending the final resolution of the animal rights groups’ appeal.
The HSUS and other animal rights groups had originally filed suit in New Mexico federal court seeking to permanently enjoin officials from the United States Department of Agriculture (USDA) and the Food Safety Inspection Service (FSIS) from carrying out federal meat inspections at three horse slaughter facilities. The district court entered a temporary restraining order that halted slaughter operations while the merits of the case could be decided. Ultimately, the district court rejected the arguments of the animal rights groups, denied their request for permanent injunctive relief, and dismissed their case with prejudice.
The animal rights groups appealed the case to the 10th Circuit court of appeals, and sought an emergency injunction staying horse slaughter operations until the appeal could be heard. The 10th Circuit denied the animal rights groups’ motion, holding that the animal rights groups failed to establish a likelihood of success on appeal or irreparable harm to the plaintiffs.
Horse slaughter operations may now commence under the trial court’s decision, even though the merits of that decision are currently being considered by the 10th Circuit. Operations may continue indefinitely unless and until the 10th Circuit, after considering full merits briefing and oral argument, ultimately ends up siding with the animal rights groups.
Case Information: Front Range Equine Rescue, et al v. Tom Vilsack, et al, Cause No. 1:13-cv-00639-MCA-RHS (D.N.M. Nov. 1, 2013); Front Range Equine Rescue, et al v. Tom Vilsack, et al, Cause No. 13-2187 (10th Cir.)