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 CR to Fund Govt Through April 8, President Expected to Sign
March 18, 2011 by Barbara Chaves|Congress

On March 17, 2011, the Senate passed H.J. Res. 48, a continuing resolution (CR) which would fund the federal government at current rates for three weeks -- through April 8, 2011 -- while cutting $6 billion in non-security discretionary spending. The President is expected to sign H.J. Res. 48 before the current CR expires on March 18, 2011. The House passed H.J. Res. 48 on March 15, 2011.

Topics:Animal and Plant Health Inspection Service (APHIS)
Nine Representatives Announce Opposition to KORUS
March 17, 2011 by Cindy Arevalo|Congress

Following a press conference on March 16, 2011, nine Democratic Representatives1, including the Chairman of the House Trade Working Group, issued a statement announcing their opposition to the U.S.-Korea free trade agreement (KORUS FTA). Chief among their criticisms are that the deal would open the U.S. market to North Korean goods, cost U.S. jobs, increase the U.S. trade deficit, make it easier for China to avoid tariffs by transshipping goods through Korea, and devastate the U.S. textile industry.

Four Senators Oppose Chinese Mining Projects due to Rare Earth Issues
March 17, 2011 by Cindy Arevalo|Congress

On March 15, 2011, Democratic Senators Schumer, Stabenow, Casey, and Whitehouse sent a letter to Treasury Secretary Geithner and Secretary of the Interior Salazar urging them to use their power to block Chinese mining projects both abroad and in the U.S. until China agrees to participate fairly in the global trade of rare earth elements (REEs).

Bipartisan Senate Bill Would Create National Infrastructure Bank
March 17, 2011 by Barbara Chaves|Congress

On March 16, 2011, Senators Kerry (D), Bailey Hutchison (R), and Warner (D) announced the Building and Upgrading Infrastructure for Long-Term Development (BUILD) Act. The bill would create an infrastructure bank to provide loans and loan guarantees to infrastructure projects within a covered sector (transportation, water, or energy), that meet a minimum size requirement, and that demonstrate a clear public benefit. The move is supported by both the U.S. Chamber of Commerce and the AFL-CIO.