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 Finance Wants ITC Study of Brazil's Impact on U.S. Ag Exports
April 28, 2011 by Cindy Arevalo|Congress

On April 26, 2011, Senate Finance Committee Chairman Baucus (D) and Ranking Member Hatch (R) requested a study from the International Trade Commission to examine competitive factors affecting U.S. and Brazilian agricultural sales in international markets. The Senators asked that the report detail factors affecting the agricultural market in Brazil; U.S. and Brazilian participation in global export markets; and the economic effects Brazil’s Free Trade Agreements with various nations have on U.S. agricultural exports. (The Chairman and Ranking Member, as well as former Ranking Member Grassley (R), have previously requested and obtained reports from the ITC on Chinese and Indian agricultural sectors.) Press release, including letter to ITC, available here

Congressional Delegation Visits Colombia to Discuss FTA, Etc.
April 22, 2011 by Cindy Arevalo|Congress

House Ways and Means Chairman Camp (R) and House Democratic Whip Hoyer (D) issued statements after visiting Colombia for a two-day mission to discuss the pending trade agreement between the U.S. and Colombia and to examine Colombia’s continuing work to carry out the Action Plan Related to Labor Rights to which Colombia and the Administration agreed on April 7, 2011. The bipartisan delegation met with Colombian President Santos, many of his top ministers and advisors, labor leaders and labor-affiliated groups, and employers.

DeFazio Objects to Proposal on U.S.-Mexico Long Haul Trucking Pilot
April 22, 2011 by Cindy Arevalo|Congress

On April 15, 2011, Representative DeFazio (D), sent a letter to the Federal Motor Carrier Safety Administration in response to the agency's proposal for the initiation of a U.S.-Mexico cross-border long-haul trucking pilot program. DeFazio warns that the Administration is starting the full liberalization of cross-border trucking, without having fully addressed the concerns raised by Congress surrounding safety, security, and job impacts. (See ITT’s Online Archives or 04/11/11 news, 11040850, for BP summary of FMCSA proposal.) Press release, including text of letter, available by emailing documents@brokerpower.com.

House Committee Announces Plans for TSA Authorization Bill
April 20, 2011 by Cindy Arevalo|Congress

Representative King (R), Chairman of the Committee on Homeland Security, and Representative Rogers (R), Chairman of the Subcommittee on Transportation Security, announced that the Committee is beginning the process to move a Transportation Security Administration (TSA) authorization bill.