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 Agrees to FY 2012 Budget Resolution
April 18, 2011 by Cindy Arevalo|Congress

On April 15, 2011, the House agreed to H. Con. Res. 34, a resolution establishing the budget for the U.S. Government for fiscal year 2012 and setting forth appropriate budgetary levels for fiscal years 2013 through 2021.

Senate Passes Bill to Strengthen Criminal Penalties for Certain Food Violations
April 18, 2011 by Cindy Arevalo|Congress

On April 14, 2011, the Senate passed S. 216, a bill to to increase criminal penalties for certain knowing and intentional violations relating to food that is misbranded or adulterated, after agreeing to the committee amendment in the nature of a substitute. See future issue of ITT for summary of S. 216 as passed by the Senate.

China Business Group Tells Congress Best Way to Work with China
April 15, 2011 by Kelly Sly|Congress

The U.S.-China Business Council has released recommendations to Congress on the best way to manage the increasingly important economic and commercial relationship with China. The USCBC report addresses and clarifies the key issues in the US economic relationship with China, including the exchange rate, US manufacturing challenges, the trade balance, jobs, and the importance of the rapidly growing China market for US companies, including smaller American companies. The full report is available here.

House & Senate Pass Continuing FY 2011 Appropriations, President Expected to Sign
April 15, 2011 by Cindy Arevalo|Congress

On April 14, 2011, the House and Senate passed H.R. 1473, a bill to fund the federal government for the remainder of fiscal year 2011 (i.e., through September 30, 2011). The President is expected to sign H.R. 1473 into law on April 15, 2011. (The current government funding appropriation, enacted on April 9, 2011, expires on April 15, 2011.)