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 Commerce Subcommittee Approves Reg Impact Bill
July 11, 2011 by Cindy Arevalo|Congress

On July 8, 2011, the House Committee on Energy and Commerce's Subcommittee on Energy and Power approved H.R. 2401, the "Transparency in Regulatory Analysis of Impacts on the Nation Act of 2011,'' without amendment. The full Committee's mark-up is scheduled for July 11, 2011.

Camp, Brady Statements on Partial Lifting of Mexico’s Retaliatory Tariffs
July 11, 2011 by Cindy Arevalo|Congress

On July 8, 2011, House Ways and Means Chairman Camp (R) and Trade Subcommittee Chairman Brady (R) issued statements welcoming Mexico’s suspension of half of the tariffs that it had imposed against U.S. products in retaliation for the longstanding dispute over cross-border trucking. (See ITT's Online Archives or 07/08/11 news, 11070820, for BP summary detailing Mexico's 50% retaliatory duty cuts, effective July 8, 2011.)

Topics:Customs duty
House Passes FY 2012 Defense Appropriations Bill
July 11, 2011 by Cindy Arevalo|Congress

On July 8, 2011, the House amended and passed H.R. 2219, in order to make appropriations for the Department of Defense for the fiscal year ending September 30, 2012. See future issue of ITT for additional details.

Subcommittee Approves FY 2012 Bill with No Additional Funding for BIS
July 11, 2011 by Cindy Arevalo|Congress

On July 7, 2011, a House Appropriations Subcommittee1 approved at mark-up (without change) a proposed fiscal year 2012 Commerce appropriations bill. The draft would provide funding for the Commerce Department (including the International Trade Administration and Bureau of Industry and Security), the Office of the U.S. Trade Representative, International Trade Commission, and a number of related agencies.

House Committee Releases Surface Transportation Reauthorization Proposal
July 8, 2011 by Cindy Arevalo|Congress

On July 7, 2011, House Transportation and Infrastructure Committee leaders presented a six-year reauthorization proposal to streamline and reform federal programs, expedite the project approval process, maximize leveraging of limited resources, provide flexibility for states, and ensure long-term funding stability for job-creating transportation programs.