Comite' De Apoyo a Los Trabajadores Agricolas v. Perez
774 F.3d 173
3rd Cir.2014Background
- Plaintiffs challenge 20 C.F.R. § 655.10(f) and the 2009 Wage Guidance under the APA in the H-2B program.
- H-2B program permits private employers to sponsor foreign workers; DHS issues visas and DOL certifies labor determinations.
- DOL previously altered prevailing wage methodologies (2005–2008) to a four-skill-level system using private surveys, without public notice.
- The 2011 Wage Rule limited private surveys; subsequent 2013 Interim Final Rule allowed mean OES wages and private surveys.
- District Court in CATA III dismissed as not ripe; court of appeals held the matter ripe and vacated/remanded.
- This appeal focuses on whether the challenged rules are unlawful under the APA and the appropriate remedy.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is the case ripe for review? | Plaintiffs argue ongoing use harms workers and is final. | DOL contends issues depend on future rulemaking and are not ripe. | Yes; case ripe for merits review. |
| Do § 655.10(f) and 2009 Wage Guidance violate APA 706(2)(D)? | Private surveys were used without adequate explanation. | DOL lacked explanation for policy shifts. | Yes; violations of § 706(2)(D) found. |
| Do § 655.10(f) and 2009 Wage Guidance violate APA 706(2)(A) as arbitrary? | Policy choices are arbitrary and not explained. | Policy changes were reasonable interpretations of data. | Yes; actions arbitrary and capricious. |
| Does the 2009 Wage Guidance violate 5 U.S.C. § 706(2)(A) and (C)? | Guidance contradicts agency regulations. | Guidance aligns with agency objectives and data. | Yes; inconsistent with agency regulations. |
| What is the appropriate remedy? | Vacatur and remand to prevent ongoing harm. | Remand unnecessary if rulemaking could fix issues. | Vacate § 655.10(f) and 2009 Wage Guidance; remand. |
Key Cases Cited
- Abbott Labs. v. Gardner, 387 U.S. 136 (U.S. 1967) (ripeness involves fitness and hardship considerations)
- Center for Biological Diversity v. EPA, 722 F.3d 401 (D.C. Cir. 2013) (finality and injury support ripeness for temporary regulation)
- Cobell v. Babbitt, 30 F. Supp. 2d 34 (D.D.C. 1998) (finality of ongoing agency action supports review)
- Philadelphia Fed’n v. Solis, 150 F.3d 323 (3d Cir. 1998) (finality and review despite ongoing rulemaking)
- Louisiana Forestry Ass’n, Inc. v. Solis, 745 F.3d 653 (3d Cir. 2014) (APA interpretations of wage rules; prior holdings)