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LOUISIANA FORESTRY ASS'N v. SECRETARY U.S. DEPT.

No. 12-4030.

745 F.3d 653 (2014)

LOUISIANA FORESTRY ASSOCIATION INC.; Outdoor Amusement Business Association Inc.; Crawfish Processors Alliance; Forest Resources Association Inc.; American Hotel & Lodging Association; American Sugar Cane League of USA Inc., Appellants v. SECRETARY UNITED STATES DEPARTMENT OF LABOR; Jane Oates, in her official capacity as United States Assistant Secretary of Labor Employment and Training Administration; United States Department of Labor; Secretary United States Department of Homeland Security; United States Department of Homeland Security.

United States Court of Appeals, Third Circuit.

Filed: February 5, 2014.

Attorney(s) appearing for the Case

R. Wayne Pierce, Esq. [argued], Pierce Law Firm, Annapolis, MD, Veronica W. Saltz, Esq. , Saltz Matkov, Wayne, PA, Leon R. Sequeira, Esq. , Seyfarth Shaw, Washington, DC, for Appellants.

Geoffrey Forney, Esq . [argued], United States Department of Justice, Office of Immigration Litigation, Harry L. Sheinfeld, Esq. , United States Department of Labor Office of the Solicitor, Washington, DC, for Appellees.

Arthur N. Read, Esq. , Friends of Farmworkers, Inc., Philadelphia, PA, Meredith B. Stewart, Esq. , Southern Poverty Law Center, New Orleans, LA, Sarah M. Claassen, Esq. , Elizabeth D. Mauldin, Esq. , Centro de los Derechos del Migrante, Inc., Baltimore, MD, Edward J. Tuddenham, Esq. [argued], New York, NY, for Interveners.

Before: JORDAN and VANASKIE, Circuit Judges, and RAKOFF, District Judge.

OPINION OF THE COURT

VANASKIE, Circuit Judge.

Appellants, a group of associations representing employers in non-agricultural industries, claim that the Department of Labor exceeded its authority by enacting a regulation governing the calculation of the minimum wage a U.S. employer must offer in order to recruit foreign workers under the H-2B visa program. The District Court granted summary judgment for the Department of Labor and its co-defendants, the Secretary...

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