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Trainer Files Lawsuit Over TCO2 Threshold


Published: March 10, 2011 12:42 pm ET

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According to a report, a California trainer has called the California Horse Racing Board's TCO2 testing into question and has filed a lawsuit in federal court in regard to it.

An article on explains that thoroughbred trainer Doug O'Neill has filed the lawsuit, in which he states that there is "considerable scientific information" which "establishes that the average TCO2 level of normal horses is considerably higher than the level on the basis of which the [CHRB] established its testing program;" and that the test is "not rationally based given the best and most current scientific information."

The CHRB is also the body which governs harness racing action at Cal-Expo.

The report states that the lawsuit stems from a high TCO2 test result of an O'Neill-trained runner from an August 25, 2010 race at Del Mar. The horse in question, Argenta, had finished eighth in the contest.

Via his lawsuit, O'Neill has asked the court the stop the CHRB from enforcing its testing program, and to keep the CHRB from imposing sanctions against him based on the alleged violation involving Argenta.

The article also explains that O'Neill-trained horses have a history of high TCO2 test results, as runners from his stable have produced four illegal TCO2 levels since 2006. In the past he has also served a suspension in Illinois due to a high TCO2 test result.

(With files from

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