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 Passes Extension of Airport and Airway Trust Fund Bill
May 25, 2011 by Cindy Arevalo|Congress

On May 23 ,2011, the House passed H.R. 1893, 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 title 49, United States Code, to extend the airport improvement program.

House Energy & Commerce Asks Admin for Info on GHG Rules
May 23, 2011 by Cindy Arevalo|Congress

On May 18, 2011, House Energy and Commerce Chairman Upton (R), Energy and Power Subcommittee Chairman Whitfield (R), and Oversight and Investigations Subcommittee Chairman Stearns (R) called on the Obama Administration to provide additional information on its new rules to regulate greenhouse gases (GHGs) under the Clean Air Act.

Senate Finance Chair Urges China to Resolve IPR and Beef Issues
May 23, 2011 by Cindy Arevalo|Congress

On May 19, 2011, Senate Finance Committee Chairman Baucus (D) met with the Chinese Commerce Minister at the Asia-Pacific Economic Cooperation (APEC) trade summit and urged him to resolve several persistent issues in the U.S.-China economic relationship, including China’s infringement of intellectual property rights (IPR) and unscientific restrictions on U.S. beef exports.

Senate Finance Leaders Demand China End IPR Infringement, Etc.
May 20, 2011 by Cindy Arevalo|Congress

On May 18, 2011, Senate Finance Committee Chairman Baucus (D), Ranking Member Hatch (R) and Senior Committee Member Grassley (R) demanded an end to China’s violations of U.S. intellectual property rights (IPR) that cost the U.S. tens of billions of dollars in economic activity and millions of jobs. The Senators’ comments follow their release of a report they requested last year from the U.S. International Trade Commission (ITC) quantifying the impact of China’s unfair policies on the American economy and jobs.

Senate Finance to Hold May 26 Hearing on KORUS
May 20, 2011 by Cindy Arevalo|Congress

On May 26, 2011, the Senate Finance Committee will hold a hearing on the pending free trade agreement between the U.S. and Korea (KORUS). The hearing will consider the benefits of KORUS and will have Administration, private sector, and labor witnesses.