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.  

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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.  

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House Foreign Affairs Committee Approves Bill on Countering Iran in Americas
March 8, 2012 by Brian Feito|Congress

The House Foreign Affairs Committee on March 7, 2012 unanimously approved the Countering Iran in the Western Hemisphere Act of 2012 (H.R. 3783), which would require the Secretary of State to use existing funds to create a tailored strategy to fight the activities of Iran and its proxies in the Western Hemisphere. See Committee Chairman Ros-Lehtinen’s press release (dated 03/07/12) here.

House Foreign Affairs Committee Approves New Syria Sanctions Legislation
March 8, 2012 by Brian Feito|Congress

The House Foreign Affairs Committee unanimously approved legislation on March 7, 2012 that strengthens sanctions against the Syrian regime. The Syria Freedom Support Act (H.R. 2106) imposes new sanctions targeting the Syrian energy and financial sectors, and proliferation activities. Among other measures, the bill also contains new sanctions targeting top regime officials, a visa ban on persons who provide the Syrian regime with military equipment, and authorization for financial and political assistance to entities that support a peaceful democratic transition in Syria.

Senate Resumes Consideration of its Transportation Reauthorization Bill
March 8, 2012 by Brian Feito|Congress

On March 6, 2012 the Senate resumed consideration of S. 1813, which would reauthorize the Federal-Aid Highway and highway safety construction programs. On March 7, 2012 the Senate agreed to proceed to consideration of amendments to the bill starting March 8 and, if the package of amendments is agreed to, S. 1813 will be up for full Senate vote.

USTR Kirk Testifies at Senate Finance Committee on President's 2012 Trade Agenda
March 8, 2012 by Elizabeth Parker|Congress

On March 7, 2012, U.S. Trade Representative Ron Kirk testified before the Senate Finance Committee on key initiatives of the President's Trade Policy Agenda for 2012, such as the U.S.-Korea Trade Agreement (KORUS) that will come into force on March 15, the Trans-Pacific Partnership (TPP) negotiations, and tougher trade enforcement through the new Interagency Trade Enforcement Center (ITEC). USTR Kirk also stated that Russia's Jackson-Vanik status must be terminated as soon as possible in order for U.S. firms to enjoy the same benefits of Russia's World Trade Organization membership as the U.S.' international competitors. Senate Finance Chairman Baucus (D-MT) also commented on the President's trade agenda and laid out three major trade goals for 2012: (1) establishing permanent normal trade relations (PNTR) with Russia; (2) Concluding the TPP trade agreement negotiations; and (3) addressing the challenges posed by China.

Topics:Permanent normal trade relations (PNTR)
House Foreign Affairs Holds March 7 Mark-up on Export Promotion Reform Bill, Etc.
March 6, 2012 by Marie Rapport|Congress

On March 7, 2012 the House Foreign Affairs Committee will mark-up H.R. 3783, the Countering Iran in the Western Hemisphere Act of 2012; H.R. 4041, the Export Promotion Reform Act; and S. Con. Res. 17, a concurrent resolution expressing the sense of Congress that Taiwan should be accorded observer status in the International Civil Aviation Organization (ICAO). Upon committee deliberation and vote the bills will be up for full House consideration.