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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162 Reps Call for 5 Year Reauthorization of 2009 TAA
May 20, 2011 by Cindy Arevalo|Congress

On May 19, 2011, 162 members of the House of Representatives sent a letter to the President calling for a five-year reauthorization of the expanded Trade Adjustment Assistance (TAA) program1, which expired on February 12, 2011. The letter was signed by all 15 Ways and Means Committee Democrats, the Chairman of the House Trade Working Group, and others.

Ex-Im Bank Reauthorization, Funding Cap Increase Discussed at Recent Hearing
May 19, 2011 by Cindy Arevalo|Congress

At a May 17, 2011 Senate hearing1 on oversight and the reauthorization of the Export-Import (Ex-Im) Bank, Committee Chairman Johnson (D) stated that while he believes the Ex-Im Bank is doing a good job, it must do more, especially if the President’s goal of doubling exports by 2015 is going to be met. Johnson also stated that he plans to work with Ranking Member Shelby (R) and other members of the Committee to reauthorize the Ex-Im Bank. (The Ex-Im Bank’s authorization expires on September 30, 2011.)

New Iran Sanctions Bill Would Close Loopholes, Mandate Enforcement
May 19, 2011 by Cindy Arevalo|Congress

On May 13, 2011, House Foreign Affairs Committee Chairman Ros-Lehtinen (R)1 introduced H.R. 1905, the Iran Threat Reduction Act. According to her press release, this measure would close loopholes in current U.S. sanctions legislation regarding Iran, mandate enforcement, eliminate certain sanctions waivers, etc.

Senate Finance to Hold May 25 Hearing on Panama FTA
May 18, 2011 by Cindy Arevalo|Congress

On May 25, 2011, the Senate Finance Committee will hold a hearing on the pending free trade agreement (FTA) between the U.S. and Panama. The hearing will consider the benefits of the U.S.-Panama FTA and the positive effects duty-free access to the Panamanian market will have on U.S. exporters and job creation.