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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44 Reps Send Letter to DOT Opposing U.S.-MX Trucking Plan
May 12, 2011 by Cindy Arevalo|Congress

In a May 4, 2011 letter to Secretary of Transportation LaHood, a bipartisan group of 44 Representatives urged the Secretary to immediately terminate the cross-border trucking program that will soon open U.S. roadways to Mexican motor carriers.

Congressional Hearings on TWIC Deficiencies, Credentialing Redundancies
May 11, 2011 by Cindy Arevalo|Congress

At recent congressional hearings1, Administration and private sector witnesses testified about various transportation credentialing issues, including a report detailing Transportation Worker Identification Credential (TWIC) deficiencies, Administration efforts to implement a TWIC card reader rule and renew TWICs, Administration and congressional plans to streamline and eliminate redundancies, and the Transportation Security Administration’s plans for IT modernization.

BTA Urges Congress to Preserve Border Infrastructure Fund
May 10, 2011 by Cindy Arevalo|Congress

The Border Trade Alliance has issued a release urging its members to send a letter to Congress supporting preservation of the Coordinated Border Infrastructure (CBI) Fund. The BTA is concerned that the President’s proposed Surface Transportation Reauthorization bill lacks a multi-year account dedicated to the infrastructure and security needs of the border. (BTA notes that the CBI Fund was included in the previous SAFETEA-LU bill.)

GOP Reps Urge Administration to Address China Concerns at S&ED
May 10, 2011 by Cindy Arevalo|Congress

In a May 6, 2011 letter, Ways and Means Committee Republicans urged the Administration to address improve market access and address longstanding concerns at May 9-10, 2011 Strategic and Economic Development (S&ED). The letter expresses concern for a variety of issues, including WTO-inconsistent subsidies, a lack of regulatory transparency, currency misalignment, “indigenous innovation” policies, persistent failure to adequately protect intellectual property, export restraints, etc.