Is the U.S. Department of Agriculture’s (USDA) Animal and Plant Health Inspection Service’s (APHIS) Horse Protection Act (HPA) final rule in jeopardy

Although leading equine organizations such as the American Horse Council and the U.S. Equine Federation support the rule, they are requesting a 60-day postponement because the “agency is not ready to implement and/or enforce the revised regulation in a fair and consistent manner.” Others, however, seek a permanent dissolution.

Upon taking office on Jan. 20, 2025, President Donald Trump signed an executive order asking federal agencies to consider a 60-day postponement of rules published in the Federal Register but haven’t been implemented. APHIS announced Jan. 24 it “temporarily postponed our final rule to amend the HPA regulations for 60 days from February 1 to April 2, 2025.”

Meanwhile, agriculture commissioners from 11 states — Alabama, Florida, Kentucky, Nebraska, Nevada, North Carolina, Mississippi, Oklahoma, South Dakota, Texas and West Virginia — are asking the USDA to withdraw the final rule. Yet, a lawsuit by the Tennessee Walking Horse National Celebration Association (TWHNCA) is making the most waves.

On Jan. 31, the U.S. District Court for the Northern District of Texas ruled the USDA exceeded its authority in four of the five provisions contested in the TWHNCA’s lawsuit.

The four…