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.  

">
Trade Law Daily is a service of Warren Communications News.
Subscriber Login

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.  

to
Refine Category Search
Clear Terms

Search Primer

Term list: Separate terms with spaces, not commas or semicolons.

Multi-word term: Place inside quotes to ensure an exact match (e.g. "China import").

Acronyms: Use all capital letters to ensure the search is not looking for that letter sequence instead.

Required term: If a term must be included in any resulting articles, prefix it with a plus sign (e.g., +CBP).

Excluded term: If a term should be excluded from any articles being found, prefix it with a minus sign (e.g., -ruling).

Singular form: Always use the singular form when doing multi-word terms (e.g. "russian export control" instead of "russian export controls").

Shortest word form: When you have different word forms in a quoted (multi-word) term, you want to only include the shortest version if it is the last part of the expression (e.g., "entity list" instead of "entity listing" or "entity listed").

Bill to Revoke China's MFN Status Introduced in House
August 4, 2010 by Marie Rapport|Congress

On July 30, 2010, Representative Sherman (D) introduced H.R. 6071, “The Emergency China Trade Act of 2010”, a bill that would revoke Most Favored Nation (MFN) status for China and direct the President to negotiate a new trading relationship with the country that would be designed to eliminate the trade imbalance within four years. The bill would also provide for the expedited consideration of any new trade partnership with China that would bring the trade deficit down to zero within that time period.

President Signs Airline Safety, FAA Extension Act into Law
August 3, 2010 by Karen Marzullo|Congress

On August 1, 2010, the President signed into law H.R. 5900, the “Airline Safety and Federal Aviation Administration Extension Act of 2010.” The Act extends through September 30, 2010, authorities to collect taxes that fund the Airport and Airway Trust Fund, and make grants to airports under the Airport Improvement Program; and establishes various requirements related to commercial scheduled air carrier safety and pilot training, including requirements related to pilot fatigue and an electronic pilot records database.

Labor, HHS FY 2010 Appropriations Bill Reported in Senate
August 3, 2010 by Cindy Arevalo|Congress

On August 2, 2010, S. 3686, making appropriations for the Department of Labor, Health and Human Services, and Education, and related agencies for the fiscal year ending September 30, 2011 (S. Rept. No. 111-243), was reported in the Senate.

Transportation Coalition Urges Representatives Not to Cosponsor Clean Ports Act
August 3, 2010 by Cindy Arevalo|Congress

On July 29, 2010, the Clean and Sustainable Transportation Coalition sent a letter to members of the House of Representatives urging them not to cosponsor the Clean Ports Act of 2010 (H.R. 5967). According to the letter, the Clean Ports Act of 2010 endorses a controversial, unnecessary and counterproductive change to longstanding federal trucking rules codified in the Federal Aviation Administration Authorization Act (FAAAA). The letter further states that if enacted, H.R. 5967 could unfairly force out of the industry many hard working small businesses responsible for moving much of the nation’s international commerce.