Filed Date: Sept. 14, 1983
Closed Date: Oct. 3, 1985
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In 1983, an association of Virginia tobacco growers filed suit in the United States District Court for the Western District of Virginia, seeking to invalidate the Department of Labor regulation 20 C.F.R. § 655.207(b), which established a methodology for setting hourly agricultural adverse effect wage rates (AEWR). The AEWR was a minimum hourly wage that employers had to agree to pay domestic field workers before the Department of Labor would certify that the admission of aliens to work in the growers' field would not adversely affect the wages of similarly employed U.S. workers. The tobacco growers contended that the AEWR regulation violated the Administrative Procedure Act in that it had no rational basis and was arbitrary and capricious.
After the parties filed cross-motions for summary judgment, the District Court (Judge Jackson L. Kiser) found for the plaintiff and held that the regulation was invalid, as it violated the Administrative Procedure Act. Virginia Agr. Growers Ass'n, Inc. v. Donovan, 597 F.Supp. 45 (W.D.Va. 1984). The Department of Labor appealed.
The Fourth Circuit Court of Appeals reversed, finding that the regulation was properly adopted, The Court remanded with instructions that the trial court enter summary judgment in favor of the Department of Labor. Virginia Agr. Growers Ass'n, Inc. v. Donovan, 774 F.2d 89 (4th Cir. 1985).
We have no further information on this case.
Summary Authors
Dan Dalton (12/10/2007)
Virginia Agricultural Growers Association, Inc. v. Donovan, Western District of Virginia (1983)
Chapman, Robert Foster (South Carolina)
Johnston, William A. (Virginia)
Alderman, John P. (Virginia)
Damus, Robert G. (District of Columbia)
Goldberg, Arthur Joseph (District of Columbia)
Chapman, Robert Foster (South Carolina)
Kiser, Jackson L. (Virginia)
Knapp, Dennis Raymond (West Virginia)
Winter, Harrison Lee (Maryland)
Last updated April 15, 2024, 3:10 a.m.
Docket sheet not available via the Clearinghouse.State / Territory: Virginia
Case Type(s):
Key Dates
Filing Date: Sept. 14, 1983
Closing Date: Oct. 3, 1985
Case Ongoing: No
Plaintiffs
Plaintiff Description:
Virginia Agricultural Growers Association (group of tobacco growers)
Plaintiff Type(s):
Public Interest Lawyer: No
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Case Details
Causes of Action:
Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.
Immigration and Nationality Act (INA), 8 U.S.C. §§ 1101 et seq.
Available Documents:
Outcome
Prevailing Party: Defendant
Nature of Relief:
Source of Relief:
Issues
Immigration/Border: