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Protecting the Future of Horse Sport: How Legal Strategies Support the Equine Industry’s Social License to Operate
🐎 The equine industry is under more public scrutiny than ever. Our social license to operate — the public’s acceptance of horse sport and business — is just as important as legal compliance. From racing whip rules to debates over carriage horses, we’ve seen how quickly public opinion can influence regulations, sponsorships, and even the viability of long-standing practices.
That’s why equine law matters. Strong contracts, welfare-focused policies, and compliance strategies don’t just protect against liability — they demonstrate professionalism, accountability, and care for the horses at the heart of our industry. I explore this connection in my latest article. Read it below!
UPDATE from the USDA website on the status of proposed changes to the Horse Protection Act (HPA): Site visited on October 3, 2025.
“The U.S. Department of Agriculture’s Animal and Plant Health Inspection Service (APHIS) is further postponing the effective date of the Horse Protection Act final rule to February 1, 2026. APHIS is also taking public comment on the delay.
On January 24, 2025, APHIS announced it was postponing the effective date of the rule for 60 days from February 1, 2025, to April 2, 2025, with the exception of the section authorizing the training of horse inspectors, which previously went into effect on June 7, 2024.
APHIS will further postpone the effective date for the rule, other than the training section, to February 1, 2026. Additionally, APHIS is requesting public comments on whether the Agency should further extend the length of this postponement and is also soliciting additional information to help inform a decision on the appropriate length of the postponement.
The docket is currently on public inspection and will be available for comment at the following address beginning on March 21: https://www.regulations.gov/docket/APHIS-2022-0004. The comment period will close on May 20, 2025.
On March 14, 2025, APHIS shared an information update to stakeholders for the upcoming horse show season in light of a recent court decision impacting the new rule.
The HPA is a Federal law that prohibits sored horses from participating in shows, exhibitions, sales or auctions. The HPA also prohibits the transportation of sored horses to or from any of these events.”
*UPDATED FEBRUARY 10, 2025* Update to “Horse Protection Act (HPA): Major Changes Coming!” Based on U.S. District Court, Northern District Texas Order (dated January 31, 2025)
The landscape of the Horse Protection Act (HPA) has shifted significantly following the U.S. District Court for the Northern District of Texas’s decision on January 31, 2025, in The Tennessee Walking Horse National Celebration Association v. United States Department of Agriculture. This ruling has direct implications for the changes initially set to take effect under the USDA’s 2024 amended rules.
Key Court Rulings Affecting the 2024 HPA Amended Rules:
- Prohibition of Action Devices and Pads:
- Court Decision: The court held that the USDA exceeded its statutory authority by implementing a blanket ban on action devices and pads. The court found insufficient evidence to support that these devices inherently cause soring.
- Impact: The ban on these devices has been vacated, meaning they may continue to be used under existing regulations, provided they do not cause soring.
- Ban on Substances Applied Above the Hoof:
- Court Decision: The blanket prohibition of all substances applied above the hoof, including innocuous substances like lubricants, was found to exceed USDA’s authority.
- Impact: This ban has been vacated, allowing for the continued use of such substances unless specifically proven to cause soring.
- Dermatologic Conditions Indicative of Soring (DCIS) Provision:
- Court Decision: The court invalidated the DCIS provision, which replaced the old “Scar Rule,” due to vague language that failed to provide adequate due process.
- Impact: The USDA must revise this provision to offer clearer guidelines that meet constitutional due process standards.
- Pre- and Post-Deprivation Review Mechanisms:
- Court Decision: The court ruled that the USDA’s procedures for appealing disqualification decisions did not provide sufficient due process, particularly the lack of meaningful pre-deprivation review.
- Impact: The USDA will need to amend its review procedures to ensure fair and adequate processes for those affected.
- Designated Qualified Persons (DQP) Program:
- Court Decision: The court upheld the USDA’s changes to the DQP program, affirming the agency’s authority to replace third-party inspectors with USDA-authorized inspectors.
- Impact: The transition from DQPs to Horse Protection Inspectors (HPIs) remains in effect, with APHIS continuing to manage inspector authorization and training.
Conclusion:
While the court’s decision invalidates several key provisions of the 2024 Rule, the USDA retains the authority to enforce the HPA through revised, legally compliant regulations. Stakeholders in the equine industry should stay informed about upcoming amendments as the USDA responds to the court’s ruling and adjusts its enforcement framework. This is for informational purposes only and does not constitute legal advice.
Oklahoma’s Liability Limitation Acts: Comparing and Contrasting Oklahoma Statutes on Agritourism Equine and Other Livestock Activities and Recreational Land Use
Find additional subject specific resources on Oklahoma Equine Law Blog.