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 to Begin Consideration of DoD Appropriations Bill on June 23
June 23, 2011 by Cindy Arevalo|Congress

On June 23, 2011, the House is expected to begin consideration of H.R. 2219, the fiscal year 2012 Department of Defense Appropriations Act. As reported by the House Appropriations Committee, H.R. 2219 contains a few trade-related provisions, including one that would revoke a blanket Buy American waiver if a country has violated a reciprocal trade agreement by discriminating against certain U.S. products; certain requirements for government purchase of only U.S. products (e.g., anchors, supercomputers, bearings), etc.

Ways & Means Expected to Delay 'Mock' Mark-ups of FTA Bills Until July
June 23, 2011 by Cindy Arevalo|Congress

Although House Ways and Means Trade Subcommittee Chairman Brady (R) recently stated that he expected the Committee to hold ‘mock’ mark-ups on the implementation legislation for the three pending free trade agreements (Korea, Colombia, and Panama) during the week of June 20, 2011, sources indicate that it is unlikely they will be held before July 5, 2011.

Senate Fails to Advance Bill with Ethanol Tariff Repeal Amendment
June 22, 2011 by Cindy Arevalo|Congress

On June 21, 2011, the Senate resumed consideration of S. 782, the Economic Development Revitalization Act. However, the Senate failed to move the bill forward when it was unable to pass a motion to end debate. As a result, the Senate ended its consideration of S. 782 and moved on to other legislative business.

Concerns, GOP Block Discussed at Commerce Nomination Hearing
June 22, 2011 by Cindy Arevalo|Congress

On June 21, 2011, the Senate Commerce, Science, and Transportation Committee held a hearing on the nomination of John Bryson for Secretary of Commerce1. During the hearing, Committee members noted Bryson’s extensive business experience, but some expressed concern about his experience with the National Resources Defense Council, his support for a 2009 cap-and-trade bill, and the National Labor Relations Board’s lawsuit against Boeing (where Bryson was a Director).