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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Trade Group Opposes Newly Introduced Clean Ports Act
January 25, 2012 by Cindy Arevalo|Congress

On December 16, 2011, Senator Gillibrand (D-NY) and 5 co-sponsors1 introduced S. 2011, the Clean Ports Act of 2011, which would allow local ports to regulate and enforce fuel-efficient truck programs that go beyond current federal mandates. According to Senator Gillibrand’s press release, under the Clean Ports Act of 2011, port cities such as New York, Los Angeles, Newark, Oakland and Seattle would have the authority to set standards, reduce emissions and improve air quality by replacing older diesel trucks with cleaner vehicles without imposing the burden onto truck drivers. The House version of the Clean Ports Act (H.R. 572) was introduced on February 9, 2011.

Congress Postpones Consideration of Piracy and IPR Bills
January 23, 2012 by Cindy Arevalo|Congress

Senate Majority Leader Reid, who had previously planned to bring the Protect IP Act (S. 968, PIPA) up for consideration in the Senate on January 24, 2012, has decided to postpone the vote on PIPA. In his statement, Reid encourages the Chairman of the Senate Judiciary Committee to continue engaging with all stakeholders to forge a balance between protecting U.S. intellectual property and maintaining openness and innovation on the internet. He expressed optimism that a compromise can be reached in the coming weeks.

Wikipedia and Others "Black Out" Sites in Protest of Piracy and IPR Bills
January 18, 2012 by Cindy Arevalo|Congress

On January 18, 2012, several Web sites, including Wikipedia (English), Reddit, and Boing Boing, are participating in a “black out” of their services to protest the Stop Online Piracy Act (H.R. 3261, SOPA) and the Protect IP Act (S. 968, PIPA), intellectual property rights legislation that is pending before Congress. Instead of providing their usual content, the Web sites are providing information on SOPA and PIPA and links to contact Congress.

FY 2012 Defense Bill Has Sanctions, Procurement, Rare Earth Provisions, Etc.
January 6, 2012 by Cindy Arevalo|Congress

On December 31, 2011, the President signed into law H.R. 1540 (P.L. 112-081), the National Defense Authorization Act (NDAA) for Fiscal Year 2012, which authorizes appropriations for the Defense Department (DoD) and the national security programs of the Energy Department for fiscal year 20121. It also includes additional Iran sanctions; procurement provisions affecting counterfeit electronic parts, fire resistant rayon fiber, tents; a requirement for an assessment on the feasibility of establishing a rare earth materials inventory, etc.

FY 2012 Appropriations Law Bans Funding for Light Bulb Standard Enforcement, Etc.
January 5, 2012 by Cindy Arevalo|Congress

On December 23, 2011, the President signed into law H.R. 2055 (P.L. 112-074) which provides appropriations for most federal government agencies for the remainder of fiscal year 2012, including the Departments of Homeland Security, Defense, Energy, State, etc. and various independent agencies (such as the Consumer Product Safety Commission). P.L. 112-074 also prohibits funding for enforcement of certain light bulb standards, requires the CPSC to submit certain reports on consumer products, limits defense export licenses for cluster munitions, etc.