Communications Daily is tracking the lawsuits below involving appeals of FCC actions.
Top Senate Republicans told us Wednesday that they're likely to prioritize confirmation votes for GOP FCC nominee Olivia Trusty much earlier than expected as a result of Commissioner Nathan Simington’s abrupt exit. Simington said Wednesday he plans to depart the FCC “at the end of this week,” as we reported (see 2506030069). Democratic Commissioner Geoffrey Starks said he will resign Friday, also as expected (see 2505220043). The departures mean the FCC's party makeup will stand at a 1-1 tie by week’s end. That will also leave the commission below the statutory three-commissioner quorum, posing potential problems for Chairman Brendan Carr’s agenda heading into the commission’s planned June 26 meeting (see 2506040061).
The U.S. District Court for the District of Montana rejected four members of the Blackfeet Nation tribe's bid to get the Montana court to reconsider its decision to transfer a challenge to tariffs imposed under the International Emergency Economic Powers Act to the Court of International Trade. Judge Dana Christensen said that now that the trade court has made an "express finding of its own jurisdiction," when it vacated the executive orders imposed by President Donald Trump implementing tariffs under IEEPA, "the Court concludes that transfer remains the appropriate action" (Susan Webber v. U.S. Department of Homeland Security, D.Mont. # 4:25-00026).
Low-power TV (LPTV) broadcasters said in FCC comments that their industry is dying, and ATSC 3.0 won’t be enough to save it. Those comments, in docket 25-168, were in response to HC2’s petition proposing LPTV stations be allowed to switch to 5G broadcast. NAB disagreed, saying 5G broadcast advocates haven’t done enough to show that it won’t cause unacceptable interference.
The U.S. District Court for the Northern District of California on June 2 said the Court of International Trade has exclusive jurisdiction via Section 1581(i) to hear California's challenge to all tariff action taken under the International Emergency Economic Powers Act. Judge Jacqueline Scott Corley said President Donald Trump's executive orders implementing the tariffs are laws of the U.S. for purposes of Section 1581(i), since they modify the Harmonized Tariff Schedule, and the law implementing the HTS, 19 U.S.C. 3004, says the HTS includes modifications made by the president (State of California v. Trump, N.D. Cal. # 3:25-03372).
The U.S. District Court for the District of Columbia on June 3 stayed its decision finding that the International Emergency Economic Powers Act doesn't provide for tariffs, pending the government's appeal of the ruling to the U.S. Court of Appeals for the D.C. Circuit. Judge Rudolph Contreras said a stay is "appropriate to protect the President’s ability to identify and respond to threats to the U.S. economy and national security" (Learning Resources v. Trump, D.D.C. # 25-01248).
Widespread problems with transmitting foreign-trade zone entries are one of several technical problems that plague customs brokers and compliance managers as the effects of the Trump administration's rapid policy changes make themselves felt. Compounding the difficulties is the administration's decision to pull back from engagement with the trade industry through its Trade Support Network and the cancellation of bi-weekly ACE calls.
The U.S. District Court for the District of Columbia on June 3 stayed its decision finding that the International Emergency Economic Powers Act doesn't provide for tariffs, pending the government's appeal of the ruling to the U.S. Court of Appeals for the D.C. Circuit. Judge Rudolph Contreras said a stay is "appropriate to protect the President’s ability to identify and respond to threats to the U.S. economy and national security" (Learning Resources v. Trump, D.D.C. # 25-01248).
A grand jury indictment unsealed last week charges two people with trying to pay millions of dollars to ship U.S. export controlled technology and weapons to China, offering in some cases more than double the market rate to buy military jet engines, drones, cryptographic devices and other sensitive technologies.
The U.S. District Court for the Northern District of California on June 2 said the Court of International Trade has exclusive jurisdiction via Section 1581(i) to hear California's challenge to all tariff action taken under the International Emergency Economic Powers Act. Judge Jacqueline Scott Corley said President Donald Trump's executive orders implementing the tariffs are laws of the U.S. for purposes of Section 1581(i), since they modify the Harmonized Tariff Schedule, and the law implementing the HTS, 19 U.S.C. 3004, says the HTS includes modifications made by the president (State of California v. Trump, N.D. Cal. # 3:25-03372).