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 Committee Leaders Urge Administration to Prioritize USML Re-Write
February 15, 2012 by Cindy Arevalo|Congress

At a February 7, 2012 hearing on “U.S. Export Controls, Arms Sales and Reform: Balancing U.S. Interests,” the House Foreign Affairs Committee examined the Administration’s proposals to create a new framework for U.S. strategic export controls. During the hearing, committee leaders urged the Administration to prioritize its re-write of the U.S. Munitions List. In addition, other witnesses urged action to reform export controls on satellites, etc.

President Signs FAA Modernization & Safety Improvement Act into Law
February 15, 2012 by Cindy Arevalo|Congress

On February 14, 2012, President Obama signed into law H.R. 658, the FAA Air Transportation Modernization and Safety Improvement Act, which authorizes budget resources for the Federal Aviation Administration through FY 2015 and encourages acceleration of the Next Generation Air Transportation System and air traffic control modernization. (See ITT’s Online Archives 12021352 for summary of congressional passage of H.R. 658.)

House Passes Bill to Give President Line Item Veto Authority
February 14, 2012 by Cindy Arevalo|Congress

On February 8, 2012, the House passed H.R. 3521, the “Expedited Legislative Line-Item Veto and Rescissions Act of 2011. H.R. 3521 would establish an expedited procedure for consideration of presidential proposals to rescind certain spending provisions in newly enacted spending legislation. Under the expedited procedure, Congress would be required to consider proposals to rescind specific funding included in spending legislation if the rescission is proposed by the president within 45 days of the spending bill’s enactment. The authority of the president to propose rescission packages for expedited consideration established by H.R. 3521 would expire on December 15, 2015.