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NORTH CAROLINA GROWERS' v. UNITED FARM WORKERS

No. 11-2235.

702 F.3d 755 (2012)

NORTH CAROLINA GROWERS' ASSOCIATION, INCORPORATED; National Christmas Tree Association; Florida Fruit & Vegetable Association; Virginia Agricultural Growers Association, Incorporated; Snake River Farmers Association; National Council of Agricultural Employers; North Carolina Christmas Tree Association; North Carolina Pickle Producers Association; Florida Citrus Mutual; North Carolina Agribusiness Council, Incorporated; Maine Forest Products Council; Alta Citrus, LLC; Everglades Harvesting & Hauling, Incorporated; Desoto Fruit & Harvesting, Incorporated; Forest Resources Association; Titan Peach Farms, Incorporated; H-2A USA, Incorporated; Overlook Harvesting Company, LLC, Plaintiffs-Appellees, v. UNITED FARM WORKERS; James Cease; Mario Centeno-Rodriguez; Juan Cisneros-Ibarra; Luis Enrique Cisneros-Ibarra; Reymundo Gutierrez; Carlos Luis Guzman-Centeno; Jose Raul Guzman-Centeno; Abelardo Hernandez-Aguas; Gregorio Huertas-Samano; Pedro Ibarra-Avila; Atanacio Lugo-Rincon; Obdula Maldonado-Abellaneda; Miguel Angel Olguin-Hernandez; Arturo Olguin-Monroy; Omera Rodriguez-Guzman; Desiderio Tovar-Zapata; Alejandro Trejo-Leon, Intervenors/Defendants-Appellants, and Hilda L. Solis, in her official capacity as United States Secretary of Labor; United States Department of Labor; Janet Napolitano, in her official capacity as United States Secretary of Homeland Security; United States Department of Homeland Security, Defendants. Howard Berman; Judy Chu; George Miller; Lynn Woolsey, Amici Supporting Appellants, USA Farmers, Inc., Amicus Supporting Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: December 21, 2012.

Attorney(s) appearing for the Case

ARGUED: Naomi Ruth Tsu , Southern Poverty Law Center, Atlanta, Georgia, for Appellants. Robin Elizabeth Shea , Constangy, Brooks & Smith, LLC, Winston-Salem, North Carolina, for Appellees. ON BRIEF: Andrew H. Turner , Buescher, Goldhammer & Kelman, Denver, Colorado; Gregory S. Schell , Migrant Farm-Worker Justice Project, Lake Worth, Florida; Robert J. Willis , Law Office of Robert J. Willis, Raleigh, North Carolina, for Appellants. William R. Loftis, Jr. , Constangy, Brooks & Smith, LLC, Winston-Salem, North Carolina, for Appellees. Jonathan G. Cedarbaum , Lillian Howard Potter , Annie L. Owens , Wilmer Cutler Pickering Hale and Dorr, LLP, Washington, D.C., for Amici Supporting Appellants. Leon R. Sequeira , Seyfarth Shaw LLP, Washington, D.C., for Amicus Supporting Appellees.

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 was "rule...

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