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 Passes its Own FAA Reauthorization Bill, Requests Conference
April 11, 2011 by Cindy Arevalo|Congress

On April 7, 2011, the Senate passed H.R. 658, the FAA Reauthorization and Reform Act of 2011. Prior to passage of H.R. 658, the Senate replaced the House version of the bill with the text of its own FAA reauthorization bill (S. 223). After passing its replacement version of H.R. 658, the Senate requested a conference with the House to resolve differences between the two versions. (See ITT’s Online Archives or 04/07/11 news, 11040742, for BP summary of House-passed H.R. 658, with lithium battery provision.)

One Week Funding Bill Enacted Which Averted Gov't Shut Down
April 11, 2011 by Cindy Arevalo|Congress

On April 8, 2011, the House and Senate passed H.R. 1363, a continuing resolution to fund the federal government through April 15, 2011. On April 9, 2011, the President signed H.R. 1363 into law. Included in the CR were approximately $2 billion in transportation and housing spending cuts. According to the Senate Appropriations Committee, the CR will fund the government as Congress completes work on the budget agreement for the remainder of fiscal year 2011 (through September 30, 2011). Senate Appropriations press release available here

House Passes 1-Week Spending Bill, but Opposed by Dems, Talks Continue
April 8, 2011 by Cindy Arevalo|Congress

Despite meeting with the President and negotiating through the night, Democratic and Republican leaders have indicated that while more progress was made, agreement has not yet been reached on a fiscal year 2011 funding bill (through September 30, 2011). Negotiations are scheduled to continue on April 8, 2011. Absent an enacted funding bill of some sort before midnight on April 8, 2011, nonessential federal government services will shut down due to a lack of funding.

Progress Made in Budget Talks, But Threat of Gov't Shut Down Remains
April 7, 2011 by Cindy Arevalo|Congress

After negotiations at the White House on April 6, 2011, both Democratic and Republican leaders indicated that progress was made, but no agreement had been reached, on a fiscal year 2011 funding bill (through September 30, 2011). Negotiations are scheduled to continue on April 7, 2011. Absent an enacted funding bill of some sort before midnight on April 8, 2011, nonessential federal government services will shut down due to a lack of funding.

Details of House-Passed FAA Reauthorization Bill w/ Lithium Battery Provision
April 7, 2011 by Cindy Arevalo|Congress

On April 1, 2011, the House passed H.R. 658, the FAA Reauthorization and Reform Act of 2011. H.R. 658 would authorize appropriations for the Federal Aviation Administration for fiscal years 2011 through 2014; streamline programs; provide funding for the national aviation system; prevent FAA from exceeding international standards on the air transportation of lithium batteries1, etc.