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 Subcommittee Approves FY 2012 CPSC Appropriations Bill
June 17, 2011 by Cindy Arevalo|Congress

On June 16, 2011, the House Committee on Appropriations’ Subcommittee on Financial Services approved the 2012 Financial Services Appropriations bill for full Committee consideration. The bill includes FY 2012 appropriations for the Consumer Product Safety Commission, Treasury Department, Small Business Administration, etc.

House-Passed DoD Bill Has Procurement Changes, Report Requirements
June 17, 2011 by Cindy Arevalo|Congress

On May 26, 2011, the House passed H.R. 1540 to authorize appropriations1 for the Defense Department for fiscal year 2012. H.R. 1540 includes procurement provisions affecting certain Chinese companies, para-aramid fiber and yarn, fire resistant rayon fiber, tents, etc. In addition, the bill would require DoD to submit various reports on the Defense supply chain and U.S. manufacturing industry to Congress.

Rep Says HMT Fund Has $5B Surplus, Should be Used as Intended
June 16, 2011 by Karen Marzullo|Congress

At a June 14, 2011 House Transportation Committee Subcommittee on Coast Guard and Maritime Transportation hearing, Representative Cravaack (R) said that he was interested in how the U.S. could further utilize maritime transportation by removing barriers such as double taxation under the Harbor Maintenance Tax1. He added that he was disturbed that Congress has been unable to use all of the HMT revenues for their intended use, namely the dredging of U.S. harbors and channels. He noted that the HMT Trust Fund is presently running a $5 billion surplus.

Industry Says HOS Proposal Would Hurt Supply Chain, Short Hauls
June 16, 2011 by Cindy Arevalo|Congress

On June 14, 2011, a House Small Business Subcommittee1 held a hearing on the impact of the Federal Motor Carrier Safety Administration’s proposed hours of service regulations on small trucking businesses. At the hearing, witnesses testified that the proposed HOS changes should not apply to short haul drivers and the interstate household goods industry and would complicate logistics networks and supply chains.

FCPA Reform Bill Expected to be Drafted, Business Wants Changes
June 16, 2011 by Karen Marzullo|Congress

On June 14, 2011, the House Judiciary Committee’s Subcommittee on Crime, Terrorism, and Homeland Security held a hearing on the Foreign Corrupt Practices Act. At the hearing, Representative Sensenbrenner said that he plans to draft and introduce a FCPA reform bill. Representatives also discussed business concerns with the FCPA and its enforcement, and the need for clarification of the term “foreign official.”