Legal Opinion

North Carolina Growers' Ass'n v. United Farm Workers

Court of Appeals for the Fourth Circuit

Decided December 21, 2012No. 11-2235PublishedCited by 26 opinions

1Opinion of the Court

Affirmed by published opinion. Judge KEENAN wrote the opinion, in which Judge WILKINSON and Judge DIAZ joined. Judge WILKINSON wrote a separate concurring opinion.

OPINION

BARBARA MILANO KEENAN, Circuit Judge:

This appeal involves a regulatory action by the Department of Labor (the Department), which suspended various regulations for temporary agricultural workers and reinstated other prior regulations. We primarily consider: (1) whether the Department’s action constituted “rule making” under the Administrative Procedure Act (the APA), 5 U.S.C. §§ 553, and 701 through 706; and (2) if the action…

2Cases cited31 opinions

  1. Motor Vehicle Mfrs. Assn. of United States, Inc. v. State Farm Mut. Automobile Ins. Co.Supreme Court of the United States · 1983
  2. Citizens to Preserve Overton Park, Inc. v. VolpeSupreme Court of the United States · 1971
  3. Skidmore v. Swift & Co.Supreme Court of the United States · 1944
  4. Stan Laber v. Francis J. Harvey, Secretary of the ArmyCourt of Appeals for the Fourth Circuit · 2006
  5. Chrysler Corp. v. BrownSupreme Court of the United States · 1979

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3Cited by26 opinions

  1. Alfaro-Huitron v. WKI Outsourcing SolutionsCourt of Appeals for the Tenth Circuit · 2020
  2. Mid Continent Nail Corporation v. United StatesCourt of Appeals for the Federal Circuit · 2017
  3. State v. Bureau of Land Mgmt.District Court, N.D. California · 2018
  4. California by and through Becerrav. U.S. Dep't of the InteriorDistrict Court, N.D. California · 2019
  5. Chamber of Com. Of the United States v. SECCourt of Appeals for the Sixth Circuit · 2024

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