DOL’s Argument Falls Flat
In its September petition for rehearing, the DOL argued that its actions against Sun Valley didn’t concern “private rights” and therefore didn’t need judicial oversight. But the full court declined to take the matter up, leaving the panel’s decision in place.
The rejection marks a major procedural loss for the Labor Department, potentially reshaping how H-2A enforcement actions are handled moving forward — and reaffirming that even federal agencies aren’t beyond judicial scrutiny when accused of overreach.
