Fair Grounds Must Pay Record Fine in Clean Water Act Settlement

In an attempt to resolve years of federal Clean Water Act (CWA) violations at its Fair Grounds racetrack in New Orleans, Churchill Downs Louisiana Horseracing Company, LLC, has agreed to pay a $2.7 million penalty–the largest civil fine ever paid by a concentrated animal feeding operation in a CWA matter.

Under the terms of the settlement announced Sept. 29 by the United States Environmental Protection Agency (EPA) and the Department of Justice (DOJ), the limited liability company that runs Fair Grounds must also implement $5.6 million in operational changes and construction projects to eliminate the unauthorized discharges of manure, urine, and wastewater from the track’s stable area.

“We are pleased to announce an agreement with Churchill Downs to address years of CWA violations at its Fair Grounds racetrack in New Orleans,” said principal deputy assistant attorney general Jonathan Brightbill of the Justice Department’s Environment and Natural Resources Division. “This consent decree will stop the flow of untreated process wastewater into the local sewer system, which leads to local waters used for fishing…in a way that recognizes the challenges presented by the racetrack’s urban location.”

According to the joint EPA/DOJ press release, the federal complaint alleges that Fair Grounds violated the CWA, “including the terms and conditions of its Louisiana Pollutant Discharge Elimination System permit. Specifically, the complaint alleges that since at least 2012, Fair Grounds has regularly discharged untreated process wastewater into the New Orleans municipal separate storm sewer system that leads to the London Avenue Canal, Lake Pontchartrain, the Mississippi River, and ultimately to the Gulf of Mexico.”

According to the release, Fair Grounds’s permit prohibits any discharge unless there is a significant rain event (i.e., when 10 inches of rain falls in 24 hours).

“In violation of their permit, Fair Grounds has discharged wastewater after as little as a half-inch of rain, as well as in dry weather,” the EPA/DOJ release stated. “The complaint alleges that unauthorized discharges of contaminated wastewater occurred more than 250 times between 2012 and 2018. The untreated wastewater contains manure, urine, horse wash water, and other biological materials that are ‘pollutants’ as defined by the CWA, the facility’s permit, and the applicable EPA and Louisiana Department of Environmental Quality regulations.”

The release stated that the consent decree “includes a provision requiring Fair Grounds to implement additional remedial measures if these measures do not successfully eliminate unauthorized discharges.”

The settlement was lodged Tuesday in the U.S. District Court for the Eastern District of Louisiana and is subject to a 30-day public comment period. The penalty is due within 30 days of the effective date of the consent decree, the release stated.

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New Jersey Lawmakers Cut Only 25 Percent Of Purse Subsidy For 2021 Racing Season

Though the initial budget proposal floated by New Jersey Gov. Phil Murphy cut the state's entire $20 million horse racing subsidy, the budget passed on Tuesday by state lawmakers reduced the subsidy by only $5 million. According to the Thoroughbred Daily News, the 2021 racing season will have a purse subsidy of $15 million, to be split evenly between Thoroughbreds and Standardbreds.

Dennis Drazin, Chairman and CEO of Darby Development, which manages Monmouth Park, said he believes the $5 million difference won't cause purse reductions for the track's 2021 season.

“I am pleased that the Governor has seen fit to give us back 15 of the $20 million that is going to go support purses next year,” Drazin told thoroughbreddailynews.com. “Since it was taken out of the budget, we have worked hard on this and, fortunately, through leadership in the Senate and the Assembly, as well as a lot of our local politicians who supported the effort, the Governor saw fit to put it back in the budget. We would have liked to have had the full $20 million, but given that he is cutting everybody, I am thrilled that the Governor has our back and recognizes the importance of the industry and how important it is to save a lot of jobs and keep us competitive.”

Read more at the Thoroughbred Daily News.

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Creative Cause, Not This Time See Most Dramatic Jumps In Average At Keeneland September Sale

The commercial market's respect for the late leading sire Giant's Causeway was apparent at this year's Keeneland September Yearling Sale, where two of his sons filled out the exacta for the biggest year-to-year jumps in average sale price (10 or more sold each year).

Leading the charge was Airdrie Stud's Creative Cause, whose average jumped 71.94 percent during this year's Keeneland September sale to $20,420 from 35 horses sold. As the broadest yearling auction in North America, both by duration and the scope of offerings, a big swing in performance at the Keeneland September sale can be a strong indicator of public favor toward a particular stallion.

Creative Cause nearly doubled his average sale price with his sixth crop, but he more than doubled the number of horses sold from year to year, with the previous crop featuring 17 yearlings selling at the Keeneland sale for an average of $11,876.

The yearlings of 2020 were conceived in 2018, when Creative Cause's oldest runners were 4-year-olds. At that point, he already had first-crop runner Pavel blazing the trail with a win in the Grade 3 Smarty Jones Stakes and a third against older foes in the G1 Jockey Club Gold Cup Stakes. By the end of the 2018 breeding season, he'd also run fourth in the G1 Dubai World Cup.

Creative Cause's second crop was also doing work to build their sire's fledgling on-track reputation in the eyes of potential breeders, led by My Boy Jack. A stakes winner at two, the colt became a factor on the Kentucky Derby trail after victories in the G3 Sham Stakes and Lexington Stakes. My Boy Jack then became a wiseguy pick for the 2018 Kentucky Derby, where he finished fifth as the betting public's third choice.

Also from her sire's second crop, Significant Form, was a Grade 3 winner as a 2-year-old in 2017, and she ran fourth in that year's Breeders' Cup Juvenile Filles turf.

“This year's crop of yearlings came from a strong, deep group of mares,” said Cormac Breathnach of Airdrie Stud. “He got about 145 mares that year on the back of horses like Pavel and Significant Form, all the headline horses he was represented by. He got the biggest, and probably best, book of mares he's bred. Between his yearlings and the foals of this year, he's got some really outstanding physicals.”

The slate of offerings by Creative Cause at this year's Keeneland September sale was led by Hip 1998, a colt out of the winning Tapit mare Tamboz who sold to Kenny McPeek, agent, for $180,000. Consigned by St George Sales, agent, the colt is a half-brother to Grade 2-placed Battalion Runner, Grade 3-placed Oceanwave, and stakes-placed runners Tiznoble and Late Nite Mischief.

Airdrie Stud also got into the high-priced Creative Cause game, consigning Hip 1707, a filly out of the winning Teofilo mare Catsbury who sold to Deuce Greathouse, agent, for $95,000.

“It's nice to see him get respect, because he's doing very well on the track in terms of getting winners every weekend, and getting some stakes horses, and staying high on the lists with his contemporaries,” Breathnach said. “He's got a lot in the pipeline to sort of have a resurgence.”

Creative Cause was joined at the top of the list by fellow Giant's Causeway heir Not This Time, whose stock has been skyrocketing with the success of his first juveniles in 2020.

The 6-year-old resident of Taylor Made Stallions saw his average sale price at the Keeneland September sale jump 46.41 percent this year to $116,500 from 26 yearlings, hailing from his second crop. His debut crop saw 39 members change hands at last year's Keeneland sale for an average of $79,569.

Not This Time's first crop of runners has been led in practically every sense of the word by Princess Noor, who sold for $1.35 million at this year's Ocala Breeders' Sales Co., Spring Sale of 2-Year-Olds in Training, and has gone undefeated in three high-profile starts. After breaking her maiden by a front-running 2 1/2 lengths, Princess Noor won the G1 Del Mar Debutante Stakes by 6 1/2 lengths, and she most recently took the G2 Chandelier Stakes by 8 1/4 lengths, making her status as the favorite for the Breeders' Cup Juvenile Fillies all but certain.

Princess Noor's exploits have played a big part in putting Not This Time at the top of the freshman sire list by progeny earnings, but below the surface, the stallion is represented by stakes winner Dirty Dangle and Grade 3-placed Hopeful Princess.

Taylor Made's Duncan Taylor said the early commercial acceptance of Not This Time, paired with the high-level performance of his first runners, has set the stallion up well for long-term success.

“They got such an awesome reception at the 2-year-old sales, even before he started getting winners,” Taylor said. “Then, Princess Noor brought $1.3 million, and I think when a horse shows that people think enough of their offspring that someone would go beyond a million dollars…When you're trying to market a stallion, it's so hard to break through the clutter. You can run ads, but when you say something brings a million, that starts getting people's attention, and then they really start looking at who he is and what he is, and you get people diving in. When you dive in on this horse, you keep finding better stuff.”

The top seller for Not This Time at this year's Keeneland September sale was Hip 66, a colt out of the unraced Ghostzapper mare Belle's Finale who sold to Repole Stables and St. Elias Stable for $450,000. Taylor Made Sales Agency consigned the colt, as agent.

The mantle is still wide open for a formal North American successor to the Giant's Causeway sire line, and both Creative Cause and Not This Time will be in the hunt for that title as more of their runners hit the racetrack and mature into breeding careers. The race became more urgent after Giant's Causeway died in 2018, and it's easy to argue that these two sires have gotten hot at the right time.

“I always thought Giant's Causeway was a little different [son of] Storm Cat,” Taylor said. “He's not quite as compact and one-dimensional-looking. The typical Storm Cat, to me, though he did get further distances, looked more like sprinters. Giant's Causeway was a little leaner of a horse, and Not This Time's the same way. Who knows how far they're going to go – Princess Noor just won at 1 1/16 miles, but they look like two-turn horses. They don't look like just sprinters, and I think that's another reason why people are excited about the sire.”

Another stallion with a big first crop who made a commercial leap during this year's sale was WinStar Farm's Constitution, who has seen his flag planted in the winner's circles of the Belmont Stakes and Travers Stakes thanks to Tiz the Law.

Constitution's Keeneland September average for his third crop rose 44.13 percent to $159,619 from 21 sold this year. His second crop brought an average of $110,743 from 35 sold.

Leading the way for Constitution was Hip 904, a filly out of the unraced Candy Ride mare Candy Fortune who sold to Solis/Litt for $725,000. The filly is a half-sister to Grade 1 winner Hog Creek Hustle and Grade 3-placed stakes winner Majestic Dunhill.

The biggest year-to-year jump in average in terms of dollars was Into Mischief, who firmly established himself as a top-tier commercial sire, with 57 yearlings sold for an average of $445,632 – the second-highest average of the sale behind Medaglia d'Oro at $599,722. The resident of Spendthrift Farm achieved a 30.72 percent increase from last year, when he had 70 yearlings average $340,900.

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‘Highly Touted’ Early, Winchell Hopes Pneumatic Delivers On That Promise In Preakness

Winchell Thoroughbreds LLC's Pneumatic arrived at Pimlico early afternoon Tuesday for a start in Saturday's 145th Preakness Stakes (G1).

As racing manager for Winchell Thoroughbreds since 1980, David Fiske has seen horses such as Grade 1 winners Untapable, Tapizar and Summerly and graded-stakes winning millionaires Zanjero, Tapiture, Tenfold and Pyro come to hand.

In Pneumatic, who traveled by van from Saratoga, NY, Fiske sees a colt that is just now beginning to realize his potential.

A homebred by champion Uncle Mo out of the Tapit mare Teardrop, Pneumatic went unraced as a 2-year-old, spending time at the El Primero Training Center in Laredo, Texas owned and operated by Keith and Marilyn Asmussen. Their son, Hall of Famer Steve Asmussen, is Pneumatic's trainer.

Pneumatic broke his maiden at first asking Feb. 15 at Oaklawn Park, getting up by a neck while sprinting six furlongs, then beat Captain Bombastic – already a stakes winner who would go on to win two more – his first time facing winners April 11.

“He came out of Laredo pretty highly touted and flashing some talent,” Fiske said.

Pneumatic made his stakes debut in the 1 1/16-mile Matt Winn (G3), battling for the lead through the Churchill Downs stretch before yielding and running third, beaten 1 ¾ lengths. That effort earned him a date in the June 20 Belmont Stakes (G1), the traditional third leg of the Triple Crown that was shortened to 1 1/8 miles and moved up to the leadoff spot due to the postponements of the Kentucky Derby (G1) and Preakness, finishing fourth.

“Like everybody else, we've had a little bit of trouble kind of getting our horses where we want them this year,” Fiske said. “The stakes schedule just got put into a blender. We're talking about the Preakness and it's the end of September.

“It's just been hard to get on a schedule and a rhythm and get the right prep races and stepping-stones in place for where you want to be. [Pneumatic] has kind of suffered from that a little bit this year, but he's doing well so hopefully he'll run well.”

In his most recent start, Pneumatic rolled to a popular 2 ¼-length triumph in the 1 1/16-mile Pegasus Aug. 15 at Monmouth Park under Joe Bravo, who will return to ride in the Preakness. They drew Post 10 in a field of 11 and were installed at 20-1 on the morning line.

Bravo has ridden in the Preakness four times, his best finish being his most recent, running fifth with Teeth of the Dog in 2012. Pneumatic prepared for the Preakness at the Oklahoma training track in Saratoga, following a bullet five-furlong move in 1:00.85 Sept. 21 with a maintenance half-mile in 50.20 seconds Sept. 28.

“Pneumatic is doing great. He seems to be coming up to the race in great shape,” Fiske said. “He's typically forwardly placed and he usually breaks well … so we'll see how it goes.”

Asmussen is also scheduled to saddle Max Player and Excession in his quest to win a third Preakness, having previously been victorious with Curlin (2007) and Rachel Alexandra (2009).

William H. Lawrence's Preakness contender Liveyourbeastlife arrived by van from Belmont shortly after Pneumatic Tuesday afternoon.

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