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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Tax Extenders Bill Signed into Law Contained Only Unemployment Provisions
July 26, 2010 by Cindy Arevalo|Congress

On July 22, 2010, the President signed into law H.R. 4213, a bill which extends initial eligibility for emergency unemployment compensation and 100% Federal funding for extended unemployment insurance benefits through November 30, 2010. While an earlier version of H.R. 4213, called the American Jobs and Closing Tax Loopholes Act, included cotton and wool fund provisions, the version signed into law did not.

FY 2011 Commerce Appropriations Bill Reported in Senate
July 23, 2010 by Cindy Arevalo|Congress

On July 22, 2010, the Senate Appropriations Committee reported S. 3636, a bill making appropriations for the Departments of Commerce and Justice, and Science, and Related Agencies for the fiscal year ending September 30, 2011. (S. Rept. No. 111-229)

Senate Fails to Complete Action on Supplemental Appropriations Bill
July 23, 2010 by Cindy Arevalo|Congress

On July 22, 2010, the Senate began consideration of the amendment of House-amended H.R. 4899, the 2010 emergency supplemental appropriations bill. During its consideration, the Senate rejected the House amendment and failed to adopt a motion to end debate on the bill. (The House-passed version of H.R. 4899 contains provisions for funding enforcement on the Southwest border, restricting funding for contracts without Iran Sanctions certifications, etc. See ITT’s Online Archives or 07/15/10 news, 10071526, for BP summary.)

TSCA Reform Bill Introduced in House
July 23, 2010 by Cindy Arevalo|Congress

On July 22. 2010, following hearings and an extended stakeholder process in response to the release of a discussion draft in April, Representative Rush (D), Chairman of the Subcommittee on Commerce, Trade, and Consumer Protection, and Representative Waxman (D), Chairman of the Committee on Energy and Commerce, introduced H.R. 5820, the Toxic Chemicals Safety Act of 2010, a bill aimed at strengthening and updating the decades-old Toxic Substances Control Act (TSCA) of 1976, the primary statute governing the safety of chemicals in commerce.