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 Chair is Concerned About U.S.-Mexico Truck Plan
May 16, 2011 by Cindy Arevalo|Congress

On May 12, 2011, Senate Commerce, Science, and Transportation Chairman Rockefeller (D) announced that he is asking the Obama Administration to be sure that new regulations on trucks carrying freight from Mexico into the U.S. do not jeopardize safety or existing jobs in the U.S.

House Passes Intelligence Bill with Rail Transport Amendment
May 16, 2011 by Cindy Arevalo|Congress

On May 13, 2011, the House passed H.R. 754, a bill to authorize appropriations for fiscal year 2011 for intelligence and intelligence-related activities of the U.S. Government, the Community Management Account, and the Central Intelligence Agency Retirement and Disability System after adopting an amendment to establish a sense of Congress that railway transportation should be included in the transportation security plans for intelligence agencies.

House Appropriations Subcmte Approves FY 2012 Bill to Fund CBP
May 16, 2011 by Cindy Arevalo|Congress

On May 13, 2011, the House Appropriations Committee’s Homeland Security Subcommittee approved at mark up (without change), a proposed fiscal year 20121 appropriations bill for the Department of Homeland Security (including U.S. Customs and Border Protection, Immigration and Customs Enforcement, and Transportation Security Administration).

House Subcommittee Amends, Agrees to Credentialing Reform Bill
May 13, 2011 by Cindy Arevalo|Congress

On May 12, 2011, a House Homeland Security Subcommittee held a mark up of H.R. 1690, the MODERN Security Credentials Act, a bill to eliminate redundancies in the transportation security credentialing process administered by the Transportation Security Administration.

USTR Kirk Says FTAs Can be Passed by August, but Wants TAA
May 13, 2011 by Karen Marzullo|Congress

At a May 12, 2011 House Agriculture Committee hearing, U.S. Trade Representative Kirk stated that the Administration has begun technical discussions on the draft implementing legislation for the three pending free trade agreements and noted that they could be approved by August, if Trade Adjustment Assistance (TAA) has already been passed. Kirk also discussed his plans to work with Korea on U.S. beef import access to the Korean market.

Topics:Generalized System of Preferences (GSP), Permanent normal trade relations (PNTR)
Representative Presses for Action on Canada SLA
May 12, 2011 by Cindy Arevalo|Congress

Representative Michaud (D), Chairman of the House Trade Working Group, sent a letter to the U.S. Trade Representative (USTR) expressing concern about delays in the U.S. response to British Columbia’s stumpage pricing scheme under the Softwood Lumber Agreement (SLA).