District Court Judge M.C. Rodgers on Thursday issued a preliminary injunction blocking the implementation of the H-2B program rule, ensuring landscapers will be able to rely on their H-2B workers for the forseeable future. The program rule would have been implemented by the Department of Labor nationwide on April 27. The ruling also should impact the DOL’s plans to implement the H-2B wage rule, which is currently blocked by Congress from taking effect until September 30, 2012.

“This just gives us a reprieve again,” says PLANET‘s Tom Delaney. “I think that it’s certainly a good decision, and we have to thank our board for letting us be a plaintiff in both cases.” Delaney says PLANET is certain the Department of Labor will appeal the judge’s ruling, but it could be until November that a final decision is made. “Meanwhile,” Delaney said, “people can keep operating as they have been.”

In her ruling, the judge determined that if the program rule went into effect, it would bring for landscapers the loss of customers and goodwill. That is considered “irreparable injury” to the industry, which is legal grounds for an injunction.

In a press release, the ANLA responded by saying, “Much credit goes to an excellent legal team representing the plaintiffs in the case. That team includes Monte Lake, who serves as ANLA’s immigration and employment law counsel. ANLA is pleased that the H-2B program will continue to be a workable and legal source of labor for the landscape industry.”

Sandy Munley, executive director of the Ohio Landscape Association, says, “Any legal challenge will take a quite a while to play itself out and we are well positioned to address any further legal challenge. In the meantime, we are pleased that the H-2B program will continue to be a viable program for landscape contractors across the country.”