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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Senate Passes Bill to Extend Airport and Airway Trust Fund Authorities
June 28, 2011 by Cindy Arevalo|Congress

On June 27, 2011, the Senate passed the Airport and Airway Extension Act, III (H.R. 2279) to amend the Internal Revenue Code of 1986 to extend the funding and expenditure authority of the Airport and Airway Trust Fund, to amend title 49, United States Code, to extend the airport improvement program. The House passed H.R. 2279 on June 24, 2011.

42 Groups Ask Congressional Leaders to Oppose China Currency Bills
June 27, 2011 by Cindy Arevalo|Congress

On June 21, 2011, 42 trade groups and associations sent a letter to House and Senate leaders urging them to oppose China currency legislation. Instead the groups want the leaders to work with and call on the Administration to develop a robust bilateral and multilateral approach to achieve tangible results not only on China’s exchange rate policies but also on other Chinese policies that are harming U.S. economic interests. According to the letter, legislation would be “counterproductive” and unlikely to incentivize China to move expeditiously to modify its exchange policies. Letter available by emailing documents@brokerpower.com.

House Passes Bill to Extend Airport and Airway Trust Fund Authorities
June 27, 2011 by Cindy Arevalo|Congress

On June 24, 2011, the House passed the Airport and Airway Extension Act of 2011, Part III (H.R. 2279), which would extend certain authorities to collect taxes that fund the Airport and Airway Trust Fund (including the tax on domestic air cargo (freight) transportation), make expenditures from the Airport and Airway Trust Fund, and make grants to airports under the Airport Improvement Program.