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.  

">
Trade Law Daily is a service of Warren Communications News.
Subscriber Login

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.  

to
Refine Category Search
Clear Terms

Search Primer

Term list: Separate terms with spaces, not commas or semicolons.

Multi-word term: Place inside quotes to ensure an exact match (e.g. "China import").

Acronyms: Use all capital letters to ensure the search is not looking for that letter sequence instead.

Required term: If a term must be included in any resulting articles, prefix it with a plus sign (e.g., +CBP).

Excluded term: If a term should be excluded from any articles being found, prefix it with a minus sign (e.g., -ruling).

Singular form: Always use the singular form when doing multi-word terms (e.g. "russian export control" instead of "russian export controls").

Shortest word form: When you have different word forms in a quoted (multi-word) term, you want to only include the shortest version if it is the last part of the expression (e.g., "entity list" instead of "entity listing" or "entity listed").

President Signs Patent Reform Bill into Law
September 19, 2011 by Cindy Arevalo|Congress

The White House has issued a statement announcing that on September 16, 2011 the President signed into law H.R. 1249, the "American Invents Act." According to the statement, key elements of the bill include: a fast track option for patent processing within 12 months, reducing the current patent backlog, reducing litigation, increasing the ability of U.S. inventors to protect intellectual property abroad, etc.

President Signs Surface & Air Transport Programs Extension Act into Law
September 19, 2011 by Cindy Arevalo|Congress

The White House has issued a statement announcing that on September 16, 2011, the President signed into law H.R. 2887, the “Surface and Air Transportation Programs Extension Act of 2011,” which extends through March 31, 2012, funding for programs funded from the Highway Trust Fund (HTF), authority to make expenditures from the HTF for HTF-financed programs, and authority to collect taxes that fund the HTF; and extends through January 31, 2012, authorities to collect taxes that fund the Airport and Airway Trust Fund, make expenditures from the Airport and Airway Trust Fund, and make grants to airports under the Airport Improvement Program.

Senate Subcommittee Approves 2012 Commerce, ITC, USTR Funding Bill
September 16, 2011 by Cindy Arevalo|Congress

On September 14, 2011, the Senate Appropriations Committee’s Subcommittee on Commerce, Justice, science, and related agencies approved for the full committee a proposed fiscal year 2012 Commerce, Justice, Science appropriations bill. This bill would provide funding for the International Trade Administration, Bureau of Industry and Security, International Trade Commission, Office of the U.S. Trade Representative, etc.

Senate Subcommittee Approves 2012 CPSC, Treasury Funding Bill
September 16, 2011 by Cindy Arevalo|Congress

On September 14, 2011, the Senate Appropriations Committee’s Subcommittee on Financial Services and General Government approved for the full committee a proposed fiscal year 2012 Financial Services and General Government appropriations bill. This bill would provide funding for the Consumer Product Safety Commission, the Small Business Administration, the Treasury Department, etc.

Senate Passes Bill to Extend FAA & Surface Transportation Programs
September 16, 2011 by Cindy Arevalo|Congress

On September 15, 2011, the Senate passed H.R. 2887, to continue programs for the Federal Aviation Administration (FAA) as well as for federal highway, transit and highway safety programs (H.R. 2887). H.R. 2887 would extend certain provisions of surface transportation programs through March 31, 2012. It would also extend federal aviation programs through January 31, 2012. (Current FAA authorization expires on September 16, 2011.) As the House has already passed H.R. 2887 (on September 13, 2011), the bill now goes to the President.

Senate Passes Resolution to Renew Burma Import Sanctions
September 16, 2011 by Cindy Arevalo|Congress

On September 15, 2011, the Senate amended and passed H.J. Res. 66 to approve the renewal of import restrictions contained in the Burmese Freedom and Democracy Act of 2003 for another year. (Once enacted, this renewal would take effect as of July 26, 2011.) Prior to its passage in the Senate, H.J. Res. 66 was amended to include additional appropriations for disaster relief in FY 2011-2012.

House Passes Bill to Extend FAA & Surface Transportation Programs
September 14, 2011 by Cindy Arevalo|Congress

On September 13, 2011, the House passed an extension to continue programs for the Federal Aviation Administration (FAA) as well as for federal highway, transit and highway safety programs (H.R. 2887). According to the Office of the House Democratic Whip, H.R. 2887 would extend certain provisions of surface transportation programs through March 31, 2012. It would also extend federal aviation programs through January 31, 2012.