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").

House Passes Bill to Extend Airport and Airway Trust Fund Authorities
July 21, 2011 by Barbara Chaves|Congress

On July 20, 2011, the House passed the Airport and Airway Extension Act of 2011, Part IV (H.R. 2553), to amend the Internal Revenue Code of 1986 to extend the funding and expenditure authority of the Airport and Airway Trust Fund and to amend 49 USC to extend the airport improvement program.

Hearing Notes U.S. Beef Exports May Soon Exceed Pre-BSE Levels
July 20, 2011 by Marie Rapport|Congress

During the June 23, 2011 Senate Agriculture Committee hearing on "Farm Bill Accountability: The Importance of Measuring Performance, While Eliminating Duplication and Waste", Agriculture Department officials noted that in 2011, the value and volume of U.S. beef exports are expected to exceed the pre-BSE levels of 2003. Nearly 100 countries are open to at least some U.S. beef and beef products.

House Hearing Covers Status of Rare Earth Mining
July 20, 2011 by Marie Rapport|Congress

According to the House Science, Space, and Technology Committee's charter for its June 14 hearing on a National Critical Materials Strategy, China now produces 97% of the world's rare earth oxides and only 22 companies have permits to export it (down from 47 in 2006). Fewer permits have lead to fewer exports - they were slashed by 72% in 2010, and then by another 35% in the first half of 2011 - according to one report. In addition, Chinese export taxes of 25% have been placed on the products.

Senate Passes Resolution on Independence of S. Sudan
July 19, 2011 by Barbara Chaves|Congress

The Senate agreed to S. Con. Res. 25, welcoming the independence of the Republic of South Sudan, congratulating the people of South Sudan for freely and peacefully expressing their will through an internationally accepted referendum, and calling on the Governments and people of Sudan and South Sudan to peacefully resolve outstanding issues including the final status of Abyei.