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-Passed Bill Would Require Foreign Nuke Export Control Exams for Cooperation Agreements
September 22, 2011 by Cindy Arevalo|Congress

On September 9, 2011, the House passed the Intelligence Authorization Act of Fiscal Year 2012 (H.R. 1892), to authorize FY 2012 appropriations for intelligence and intelligence-related activities of the U.S. government, including the Department of Homeland Security, Department of Defense, etc. This bill would require each Nuclear Proliferation Assessment Statement accompanying a civil nuclear cooperation agreement to contain an analysis of the country’s export control system regarding nuclear matters.

House-Passed Bill Would Prevent NLRB from Ordering Employers to Rescind Outsourcing, Etc.
September 22, 2011 by Cindy Arevalo|Congress

On September 15, 2011, the House passed the Protecting Jobs from Government Interference Act (H.R. 2587). According to a Congressional Research Service summary, H.R. 2587 would amend the National Labor Relations Act to deny the National Labor Relations Board (NLRB) any power to: (i) order an employer (or seek an order against an employer) to restore or reinstate any work, product, production line, or equipment; (ii) rescind any relocation, transfer, subcontracting, outsourcing, or other change regarding the location, entity, or employer who shall be engaged in production or other business operations; or (iii) require any employer to make an initial or additional investment at a particular plant, facility, or location. The bill would also apply the amendment made by this Act to any complaint for which a final adjudication by the NLRB has not been made by the date of enactment.

51 Trade Associations Urge Senate to Oppose China Currency Bill
September 22, 2011 by Cindy Arevalo|Congress

On September 21, 2011, 51 trade associations sent a letter to Senate leaders urging them to oppose legislation to pressure China to accelerate the appreciation of its currency against the dollar. The associations argue that such legislation is unlikely to create any incentive for China to move expeditiously to modify its exchange rate policies. Rather, they argue that it would have the opposite effect and result in retaliation against U.S. exports to China. Senate Majority Leader Reid (D-NV) has recently stated that he plans for the Senate to consider China currency legislation when the Senate completes its work on the GSP/MFN bill that is currently on the Senate floor.

House Fails to Pass Funding Bill, Gov't Shutdown Looms
September 22, 2011 by Cindy Arevalo|Congress

On September 21, 2011, the House failed to pass an amended version of H.R. 2608, which would have provided further continuing appropriations for discretionary government operations. Affected government operations and services are slated to shut down after September 30, 2011 unless continuing appropriations legislation is enacted.

Senate Committee Reports 2012 Funding Bill, Wants HMTF Dedicated to Harbors
September 21, 2011 by Elizabeth Parker|Congress

On September 7, 2011, the Senate Appropriations Committee approved and reported the fiscal year 2012 appropriations bill (H.R. 2354) for the Army Corp of Engineers, and the Departments of the Interior and Energy. In its report of the bill, the Committee provides potential solutions to using more funds for harbors from the Harbor Maintenance Trust Fund.