Loper Bright Enterprises v. Raimondo, the Supreme Court eliminated the judicial practice of deferring to federal agencies' interpretations of ambiguous statutes. The decision stands as a watershed moment in administrative law, handing much more power to the judiciary where it is asked to review agency decisions. Trade law is not exempt from the ruling, with judges at the Court of International Trade and Court of Appeals for the Federal Circuit increasingly being asked to interpret the relevant statutes, taking discretion away from the Commerce Department and CBP.  

">
Trade Law Daily is a service of Warren Communications News.
Subscriber Login

Statutory Interpretation

In Loper Bright Enterprises v. Raimondo, the Supreme Court eliminated the judicial practice of deferring to federal agencies' interpretations of ambiguous statutes. The decision stands as a watershed moment in administrative law, handing much more power to the judiciary where it is asked to review agency decisions. Trade law is not exempt from the ruling, with judges at the Court of International Trade and Court of Appeals for the Federal Circuit increasingly being asked to interpret the relevant statutes, taking discretion away from the Commerce Department and CBP.  

to
Refine Category Search
Clear Terms

Search Primer

Term list: Separate terms with spaces, not commas or semicolons.

Multi-word term: Place inside quotes to ensure an exact match (e.g. "China import").

Acronyms: Use all capital letters to ensure the search is not looking for that letter sequence instead.

Required term: If a term must be included in any resulting articles, prefix it with a plus sign (e.g., +CBP).

Excluded term: If a term should be excluded from any articles being found, prefix it with a minus sign (e.g., -ruling).

Singular form: Always use the singular form when doing multi-word terms (e.g. "russian export control" instead of "russian export controls").

Shortest word form: When you have different word forms in a quoted (multi-word) term, you want to only include the shortest version if it is the last part of the expression (e.g., "entity list" instead of "entity listing" or "entity listed").

House Appropriations Bills Outlines CBP Funding
March 5, 2013 by Jessica Arriens|Congress

A House bill introduced March 4 outlines more than $9 billion in funding for CBP for the rest of 2013. The bill, HR-933, is an appropriations bill for the Department of Defense, Military Construction and Veterans Affairs and is reportedly expected to be voted on by the full House later this week. CBP’s budget is allocated as follows:

CBP Concerns Raised During Lew Nomination Hearing
February 28, 2013 by Jessica Arriens|Congress

Strong language on CBP -- including concern over prioritizing its trade mission and collecting antidumping duties -- was part of new Treasury Secretary Jack Lew’s nomination hearing. Prepared questions from Lew’s Feb. 13 hearing before the Senate Finance Committee are now available on the committee’s website, here and here. The committee approved Lew’s nomination Feb. 26, and the Senate is confirmed his nomination 71-26 Feb. 27. During the hearing, Committee Chairman Max Baucus, D-Mont., said he was concerned that CBP does not “prioritize its trade mission. In fact, it has diminished as the Agency shifted its focus to security.”

Senators Propose Transportation Investment Fund
February 28, 2013 by Jessica Arriens|Congress

Two Senate Democrats introduced a bill that would leverage federal dollars to improve America’s transportation infrastructure, creating a $5 billion fund to encourage private investment in transportation projects. Introduced by Sen. Jay Rockefeller, D-W. Va., and Sen. Frank Lautenberg, D-N.J., the bill would use loans, loan guarantees and other tools to help fund eligible transportation projects. Those include everything from rail lines and marine ports to highways and public transportation, according to a release about the bill. The bill also proposes a $600 billion National Infrastructure Investment Grant program within the Department of Transportation. Read the full text of the bill here.

Lew Confirmed as Treasury Secretary
February 28, 2013 by Tim Warren|Congress

The Senate approved Jacob Lew as Secretary of the Treasury Department in a Feb. 27 vote. President Obama nominated Lew earlier this year to succeed Timothy Geithner. Lew previously served as White House Chief of Staff.

CBP Officials Testify Before Congress on Border Security
February 27, 2013 by Jessica Arriens|Congress

Improved enforcement efforts at U.S. borders led to a more secure global supply chain and increased import values in 2012, CBP Border Patrol Chief Michael Fisher and Office of Field Operations Acting Assistant Commissioner Kevin McAleenan told a House subcommittee Feb. 26. The two testified before the House Subcommittee on Border and Maritime Security as part of a hearing titled 'What Does a Secure Border Look Like?"

Senate Finance Committee Approves Lew Nomination
February 27, 2013 by Jessica Arriens|Congress

The Senate Finance Committee voted to approve Jack Lew's nomination as Treasury Secretary Feb. 26 in a 19-5 vote. Lew was most recently the White House chief of staff. He has also been director of the Office of Management and Budget in both the Obama and Clinton administrations, and was previously the State Department's deputy secretary for management and resources. The committee also approved the nomination of Christopher Meade to be general counsel of the Department of the Treasury. The nominations will now be up for a vote by the full Senate.