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 Rules Committee Reports Rule for FAA Bill; House to Consider Bill on March 31
March 31, 2011 by Cindy Arevalo|Congress

On March 30, 2011, the House Rules Committee filed a report for H. Res. 189, the rule which provides for consideration of H.R. 658. H.R. 658 would amend title 49, U.S. Code, to authorize appropriations for the Federal Aviation Administration for fiscal years 2011 through 2014, to streamline programs, create efficiencies, reduce waste, and improve aviation safety and capacity, to provide stable funding for the national aviation system, and for other purposes (H. Rept. 112-46). On March 31, 2011, the House is scheduled to consider H.R. 658, subject to a rule.

House & Senate Pass Bill to Extend Funding for Airport Trust Fund
March 30, 2011 by Cindy Arevalo|Congress

On March 29, 2011, both the House and Senate passed the Airport and Airway Extension Act of 2011 (H.R. 1079), a bill to amend the Internal Revenue Code of 1986 to extend the funding and expenditure authority of the Airport and Airway Trust Fund (and associated excise taxes) and to amend title 49, United States Code, to extend the airport improvement program.

Senate Finance to Hold Hearing on Increasing Trade with APEC Countries
March 29, 2011 by Cindy Arevalo|Congress

Senator Baucus, Chairman of the Senate Finance Committee, has announced that on March 31, 2011, the Finance Committee will hold a hearing on “APEC 2011: Breaking Down Barriers” to discuss ways to boost the U.S. economy and create jobs by increasing trade with key Asia-Pacific countries.

CBO Issues Study on Alternative Approaches to Funding Highways
March 25, 2011 by Cindy Arevalo|Congress

The Congressional Budget Office has issued a study, prepared at the request of the Senate Budget Committee, which examines broad alternatives for federal funding of highways, focusing on fuel taxes and on other taxes that could be assessed on the basis of the number of miles that vehicles travel.