Supreme Court Hears Arguments on Waters of the United States

The Supreme Court heard oral arguments on defining waters of the United States (WOTUS) and its application to wetlands under the Clean Water Act (CWA). In Sackett v. Environmental Protection Agency (EPA), the justices will determine the scope of the EPA’s authority to regulate wetlands without a continuous surface water connection to WOTUS. A final ruling will be released in spring 2023. The U.S. Army Corps of Engineers is developing a new rule to clarify the definition of WOTUS. The rule has been sent to the Office of Management and Budget for review and is intended to be released before the end of 2022.

Department of Labor Releases H-2A Final Rule

The Department of Labor has issued updated regulations for hiring H-2A workers strengthening standards for housing, meals, and wages. The new rule states housing and public accommodations must meet health and safety standards, including minimum square footage per worker. Meals also must be provided in a sanitary manner and with adequate nutritional value. The new rule also expands the ways wages are determined by requiring farms to offer prevailing wages for jobs they wish to fill with H-2A workers. The Department reiterated agricultural associations can be held liable for rule violations by individual farmers. The new regulation will take effect on November 14, 2022. The final rule can be found here.

Department of Labor Increases H-2B Cap

This week, the Department of Labor announced it will issue a regulation to increase the number of H-2B visas available by 64,716 for the fiscal year 2023. These will supplement the 66,000 H-2B visas normally available each fiscal year. The H-2B program permits employers to temporarily hire migrant workers for nonagricultural purposes.