More groups are dog-piling on layers of litigation against the U.S. Department of Labor’s (DOL) final rule on the H-2A program.
ICYMI: The final rule would allow workers to “advocate on behalf of themselves and their coworkers regarding their working conditions and prevent employers from suppressing this activity.” It allows for more self-advocacy, clarifies termination for “cause,” increases transparency in recruitment, and enhances wage predictability.
In August, a U.S. District Court for the Southern District of Georgia issued an injunction to block the rule in 17 states. The judge imposed the injunction, saying the department overstepped its authority.
Court clash: However, the DOL took the judge’s ruling as more of a recommendation. Recently, the department allegedly continued with a new H-2A application process without the required notice and comment rulemaking.
In response, the National Council of Agricultural Employers (NCAE) and other groups filed another round of lawsuits, arguing that the DOL violated the rights of American farm and ranch families.
Soundbite: “Rather than taking heed of the judge’s wise words and withdraw the rule in its entirety, the department decided to further complicate matters for farm and ranch families by creating a bifurcated application process at the whim of the acting secretary’s pen rather than through true notice-and-comment rulemaking. This is something the acting secretary and her department know they cannot do.” — NCAE President and CEO Michael Marsh
This time, the lawsuit is focused in Kentucky, where the NCAE hopes the district court will eliminate the rule permanently.
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Congress to EPA: What’s Your BEEF with Meat Packers?
The Environmental Protection Agency (EPA) is considering new regulations that take aim at meat and poultry processors.
And some members of Congress have a BEEF with the EPA’s proposals.
The proposed rules: In late January, the EPA released the details of its proposed “Clean Water Effluent Limitations Guidelines and Standards for the Meat and Poultry Products Point source category.”
Huh?
Basically, the EPA formally published its proposals to combat wastewater contaminants that come from slaughterhouses.
Okay… that makes more sense.
At the heart of the rules proposal is a concern from environmental groups about nitrogen and phosphorus pollutants that originate from slaughterhouses. In some cases, the wastewater goes directly into waterways. In other cases, the water goes to municipal wastewater treatment facilities.
But not everyone is on board with the EPA’s suggestions…
Congress responds: Last week, two U.S. representatives—Eric Burlison (MO) and Ron Estes (KS)—pushed back against the EPA and introduced the “Banning EPA’s Encroachment of Facilities (BEEF) Act.” If passed and signed by President Biden, the law would prohibit the EPA from finalizing, implementing, or enforcing the rule.
According to the lawmakers, the proposed rules place undue burden on small processors—costs that can be absorbed by larger companies.
Soundbite: “The… proposed regulation isn’t just an attack on family-run small businesses, it’s an attack on rural communities,” said Burlison. “These meat and poultry processors are the lifeblood of our communities. The BEEF Act… lets these hardworking Americans do what they do best, produce safe, affordable food for our families.”
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