United States Fourth Circuit

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N. Carolina Growers' Ass'n, Inc. v. United Farm Workers, 11-2235

In a challenge to the regulatory action taken by the Department of Labor (Department), which suspended various regulations for temporary agricultural workers and reinstated other prior regulations, district court's judgment invalidating the Department's action on the ground that it was arbitrary and capricious is affirmed where: 1) the Department engaged in "rule making" when reinstating the prior regulations, and failed to comply with the notice and comment procedures mandated by the Administrative Procedure Act (APA); and 2) the Department did not invoke the "good cause exception" provided by the APA to excuse its failure to comply with the notice and comment requirements.

Appellate Information

  • Decided 12/21/2012
  • Published 12/21/2012

Judges

  • Keenan

Court

  • United States Fourth Circuit

Counsel

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