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 Agrees to Nat’l Defense Authorization Act Conference Report
December 15, 2011 by Cindy Arevalo|Congress

On December 14, 2011, the House agreed to the conference report for H.R. 1540, the Fiscal Year 2012 National Defense Authorization Act. The conference report authorizes defense and certain energy-related appropriations and includes, among other things, the Senate-passed amendment imposing additional Iran sanctions. The Senate may consider the NDAA conference report as early as December 15, 2011. Press reports indicate that the President has dropped his threat to veto H.R. 1540 after certain problematic provisions in the original bills were not included in the conference report.

Current Funding for Many Federal Govt Agencies Runs Out on Dec 16
December 15, 2011 by Cindy Arevalo|Congress

On November 18, 2011, legislation was enacted (H.R. 2112) to continue FY 2012 appropriations through December 16, 2011, for much of the Federal Government. Congress is currently working on omnibus legislation to provide further FY 2012 funding to those government agencies.

Way and Means Reacts to China's AD/CV Duties on U.S. Autos
December 15, 2011 by Marie Rapport|Congress

On December 14, 2011, Ways and Means Committee Ranking Member Sander Levin (D-MI) and Trade Subcommittee Ranking Member Jim McDermott (D-WA) joined Ways and Means Chairman Dave Camp (R-MI) and Trade Subcommittee Chairman Kevin Brady (R-TX) in expressing their concern over China’s announcement that it would impose antidumping and countervailing duties on U.S. auto exports.

House to Consider Nat'l Defense Authorization Conference Report on Dec 14
December 14, 2011 by Cindy Arevalo|Congress

The House is scheduled to consider the House-Senate conference report on H.R. 1540, the National Defense Authorization Act for fiscal year 2012 (NDAA) on December 14, 2011. The House passed H.R. 1540 on May 26, 2011 and the Senate passed its own version of H.R. 1540 on December 1, 2011. As both the House and Senate passed their own versions of a FY 2012 NDAA, a House-Senate conference was held to resolve the differences between the two versions. According to press sources, the conference report includes the Senate-passed Iran sanctions provision.

House, Senate Conferring on FY 2012 National Defense Authorization Bill
December 12, 2011 by Cindy Arevalo|Congress

On May 26, 2011, the House passed H.R. 1540, the fiscal year 2012 National Defense Authorization Act (NDAA). On December 1, 2011, the Senate passed S. 1867, its own version of the FY 2012 NDAA. (After passing S. 1867, the Senate then incorporated it into H.R. 1540 as an amendment.) As both the House and Senate have passed their own versions of a FY 2012 NDAA, a House-Senate conference has been working to resolve the differences between the two versions.

20 Senators Ask Administration for Updates on Colombia Labor Rights
December 12, 2011 by Cindy Arevalo|Congress

On December 8, 2011, 20 Democratic Senators1 sent a letter to U.S. Trade Representative Kirk and Secretary of Labor Solis asking that the Administration ensure that Colombia makes meaningful progress on labor rights as outlined in the Colombian Labor Action Plan, which was agreed to in conjunction with the U.S.-Colombia Free Trade Agreement. The Senators also asked the Administration to provide quarterly updates on violence in Colombia.

House Judiciary Hearing Held on "Stop Online Piracy Act"
December 9, 2011 by Marie Rapport|Congress

The House Judiciary Committee held a hearing on November 16, 2011 on H.R. 3261, the Stop Online Piracy Act. The Committee states that H.R. 3261 would allow the U.S. Attorney General to seek injunctions against foreign websites that steal and sell American innovations and products. The bill would also increase criminal penalties for individuals who traffic in counterfeit medicine and military goods, and improve coordination between intellectual property (IP) enforcement agencies in the U.S.