ALBUQUERQUE, N.M. (AP) — New Mexico's top prosecutor filed a lawsuit Thursday in state district court in an attempt to block a planned horse slaughter plant from opening in less than two weeks.
The move by Attorney General Gary King comes after a federal appeals court rolled back a court order that had kept Valley Meat Co. from starting operations earlier this fall. Owner Rick De Los Santos has been making plans to open Jan. 1, and his attorney said Thursday that those plans haven't changed.
Attorney Blair Dunn called King's lawsuit frivolous and a waste of taxpayer money. Under state law, he said if a judge issues a restraining order or preliminary injunction, a security bond would have to be posted by the state while the legal challenge winds its way through the court. That could cost New Mexico as much as $435,000 a month, he said.
"As a New Mexican, as a taxpayer, I'm beyond offended and I think it's almost criminal what they're doing. They're wasting everybody's money," Dunn said.
King defended the lawsuit, saying Valley Meat stands to violate state laws related to food safety, water quality and unfair business practices.
"I believe that the operation of this plant in New Mexico is antithetical to the way we do business in New Mexico," King said. "We don't eat horses in New Mexico, and we think this is an inappropriate use of this plant."
King's office also disputed claims that it would have to pay any kind of bond because the lawsuit involves alleged violations of the state's Unfair Practices Act.
Valley Meat and proposed plants in Missouri and Iowa have been the targets of animal protection groups trying to block the slaughtering of horses.
Valley Meat began leading the effort to resume domestic horse slaughter two years ago after Congress lifted its ban on the practice. In August, as plants in the three states were preparing to open, The Humane Society of the United States and other animal protection groups sued to contest the Department of Agriculture's permitting process.
A federal judge in Albuquerque issued a temporary restraining order, prompting the Iowa company to convert its operations to beef. U.S. District Judge Christine Armijo threw out the lawsuit in November, allowing all three companies to proceed.
The animal protection groups appealed to the 10th U.S. Circuit Court of Appeals, which issued an emergency motion that again blocked the plants from opening. The appellate court lifted that order last week, saying the groups "failed to meet their burden for an injunction pending appeal."
Animal Protection of New Mexico and Front Range Equine Rescue were among the groups throwing their support behind King's lawsuit on Thursday.
According to the lawsuit, Valley Meat has a history of violating state and federal environmental and safety laws while operating as a beef slaughterhouse. The state says Valley Meat's failure to monitor and test water samples as part of its past discharge permits dates back decades. The company is also accused of disposing of carcasses illegally.
Dunn challenged the state's claims and accused King, a Democrat who is running for governor, of politicizing the case.
While it could be weeks before the state district court rules on King's request, Dunn said Valley Meat will continue to prepare for operations to begin. The company says it has multiple international contracts lined up.
Also on HuffPost:
Alabama State Capitol (Montgomery, Ala.)
Pictured on Tuesday, Feb. 7, 2012. (AP Photo/Dave Martin)
Alaska State Capitol (Juneau, Alaska)
Pictured on Tuesday, Jan. 18, 2011. (AP Photo/Chris Miller)
Arizona State Capitol (Phoenix)
Pictured on Friday, April 23, 2010. (Photo by John Moore/Getty Images)
Arkansas State Capitol (Little Rock, Ark.)
Pictured on Wednesday, Nov. 30, 2011. (AP Photo/Danny Johnston)
California State Capitol (Sacramento, Calif.)
Pictured on Thursday, Jan. 5, 2006. (Photo by David Paul Morris/Getty Images)
Colorado State Capitol (Denver)
Pictured on Thursday, Oct. 26, 2006. (Photo by Doug Pensinger/Getty Images)
Connecticut State Capitol (Hartford, Conn.)
Pictured on Tuesday, Feb. 7, 1999. (AP Photo/Bob Child)
Delaware State Capitol (Dover, Del.)
Florida State Capitol (Tallahassee, Fla.)
Pictured on Monday, Jan. 3, 2011. (AP Photo/John Raoux)
Georgia State Capitol (Atlanta)
Pictured on Tuesday, November 13, 2007. (Photo by Jessica McGowan/Getty Images)
Hawaii State Capitol (Honolulu)
Idaho State Capitol (Boise, Idaho)
Pictured on Monday, Jan. 14, 2008. (Ned Dishman/NBAE via Getty Images)
Illinois State Capitol (Springfield, Ill.)
Pictured on Tuesday, Sept. 21, 2004. (AP Photo/Seth Perlman)
Indiana State Capitol (Indianapolis)
Pictured on Saturday, Feb. 4, 2012. (Photo by Jeff Gross/Getty Images)
Iowa State Capitol (Des Moines, Iowa)
Pictured on Wednesday, Aug. 10, 2011. (Photo by Chip Somodevilla/Getty Images)
Kansas State Capitol (Topeka, Kan.)
Pictured on Thursday, April 15, 2010. (AP Photo/Orlin Wagner)
Kentucky State Capitol (Frankfort, Ky.)
Pictured on Wednesday, April 12, 2006. (AP Photo/James Crisp)
Louisiana State Capitol (Baton Rouge, La.)
Pictured on Monday, Jan. 14, 2008. (Matthew HINTON/AFP/Getty Images)
Maine State Capitol (Augusta, Me.)
Pictured on Monday, Oct. 17, 2011. (AP Photo/Pat Wellenbach)
Maryland State House (Annapolis, Md.)
(Photo by Patrick Smith/Getty Images)
Massachusetts State House (Boston)
Pictured on Tuesday, Jan. 2, 2007. (Photo by Darren McCollester/Getty Images)
Michigan State Capitol (Lansing, Mich.)
Pictured on Wednesday, April 13, 2011. (Photo by Bill Pugliano/Getty Images)
Minnesota State Capitol (St. Paul, Minn.)
Pictured on Friday, July 1, 2011. (Photo by Hannah Foslien/Getty Images)
Mississippi State Capitol (Jackson, Miss.)
Pictured on Thursday, June 10, 1999. (AP Photo/Rogelio Solis)
Missouri State Capitol (Jefferson City, Mo.)
Pictured on Friday, Oct. 16, 2000. (Photo credit should read ORLIN WAGNER/AFP/Getty Images)
Montana State Capitol (Helena, Mont.)
Nebraska State Capitol (Lincoln, Neb.)
Pictured on Wednesday, Nov. 25, 1998. (AP Photo/S.E. McKee)
Nevada State Capitol (Carson City, Nev.)
New Hampshire State House (Concord, N.H.)
Pictured on Friday, Dec. 28, 2001. (Todd Warshaw//Pool/Getty Images
New Jersey State House (Trenton, N.J.)
Pictured on Friday, Aug. 13, 2004. (Photo by Chris Hondros/Getty Images)
New Mexico State Capitol (Santa Fe, N.M.)
New York State Capitol (Albany, N.Y.)
Pictured on Sunday, March 16, 2008. (Photo by Daniel Barry/Getty Images)
North Carolina State Capitol (Raleigh, N.C.)
Pictured in 1930. (AP Photo)
North Dakota State Capitol (Bismarck, N.D.)
Pictured on Thursday, April 19, 2012. (AP Photo/Dale Wetzel)
Ohio Statehouse (Columbus, Ohio)
Pictured on Tuesday, March 8, 2011. (Photo by Mike Munden/Getty Images)
Oklahoma State Capitol (Oklahoma City)
Pictured on Wednesday, Feb. 29, 2012. (AP Photo/Sue Ogrocki)
Oregon State Capitol (Salem, Ore.)
Pictured on Friday, May 20, 2011. (AP Photo/Rick Bowmer, file)
Pennsylvania State Capitol (Harrisburg, Pa.)
Pictured on Thursday, June 28, 2012. (BRIGITTE DUSSEAU/AFP/GettyImages)
Rhode Island State House (Providence, R.I.)
Pictured on Wednesday, Aug. 1, 1945. (AP Photo)
South Carolina State House (Columbia, S.C.)
Pictured on Monday, Jan. 21, 2008. (Photo by Chris Hondros/Getty Images)
South Dakota State Capitol (Pierre, S.D.)
Pictured on Tuesday, Jan. 10, 2012. (AP Photo/Doug Dreyer)
Tennessee State Capitol (Nashville, Tenn.)
Pictured on Tuesday, Sept. 30, 1941. (AP Photo)
Texas State Capitol (Austin, Texas)
Pictured on Tuesday, Oct. 4, 2011. (MIRA OBERMAN/AFP/Getty Images)
Utah State Capitol (Salt Lake City)
Pictured on Thursday, March 15, 2001. (GEORGE FREY/AFP/Getty Images)
Vermont State House (Montpelier, Vt.)
Pictured on April 9, 1953. (AP Photo/Francis C. Curtin)
Virginia State Capitol (Richmond, Va.)
Pictured on Wednesday, May 2, 2007. (Photo by Chris Jackson/Getty Images)
Washington State Capitol (Olympia, Wash.)
Pictured on Wednesday, Jan. 18, 2012. (AP Photo/Rachel La Corte)
West Virginia State Capitol (Charleston, W.V.)
Pictured on July 2, 2010. (MANDEL NGAN/AFP/Getty Images)
Wisconsin State Capitol (Madison, Wis.)
Pictured on Saturday, Dec. 24, 2011. (KAREN BLEIER/AFP/Getty Images)
Wyoming State Capitol (Cheyenne, Wyo.)
Pictured on Tuesday, March 6, 2001. (Photo by Michael Smith/Newsmakers)