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Under Missouri Law, an Equine Professional is Not Liable for an Injury to or the Death of  Form

Under Missouri Law, an Equine Professional is Not Liable for an Injury to or the Death of Form

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In Heckler versus Chaney, the United States Supreme Court held that an administrative agency’s decision not to enforce its rules is generally presumed immune from judicial review. In American Horse Protection Association, Incorporated versus Lyng, the District of Columbia Circuit considered whether the same was true for an agency’s decision not to engage in rulemaking. The federal Horse Protection Act sought to end the soring of horses, a practice that involved attaching devices to a horse’s front legs to induce pain, prompting a high stepping gait. The act granted the Secretary of Agriculture broad rulemaking authority to adopt regulations prohibiting soring devices. Under that authority, the Department of Agriculture implemented various prohibitions. During the rulemaking process, the agency noted that additional prohibitions might be necessary in the future if supported by scientific evidence. A few years later, the American Horse Protection Association believed that certain d

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