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Supreme Court Decisions Curtail Agencies’ Reach

Three summer 2024 decisions from the Supreme Court of the United States (SCOTUS) will have a major impact on administrative law. SCOTUS repealed Chevron deference in Loper Bright v. Raimondo; extended the statute of limitations to challenge a rule in Corner Post v. Board of Governors; and limited agencies’ administrative law courts while upholding the right to a jury trial in…

Pregnant Workers Fairness Act

With so many new employee-relations regulations now being issued by the U.S. Dept. of Labor, Occupational Safety and Health Administration, National Labor Relations Board, and even the Federal Trade Commission (i.e., the non-competes ban), it would be easy to overlook important new regulations from the Equal Employment Opportunity Commission (EEOC) that could impact a…

Why Shipping Rates Are Soaring (and When Relief Might Come)

If you thought the days of skyrocketing ocean shipping rates were behind us, think again. Just when shippers hoped for a post-pandemic reprieve, a perfect storm of factors once again pushed prices upwards. Here's the lowdown on what's happening and what to expect: Capacity Crunch: Not What We Expected Before the Chinese New Year in 2024, the outlook seemed promising for…

Shipping and Tariff Developments

On Feb. 26, 2024, the Federal Maritime Commission (FMC) published the final rule “Demurrage and Detention Billing Requirements.” Most of the rule went into effect on May 28 and the catalyst was the Ocean Shipping Reform Act (OSRA) of 2022, which IHA lobbied for to authorize regulations making demurrage and detention billing timelier and more transparent. As explained in the…

The CRA and New Regulations

Concerns among Democrats in Washington, D.C. that Republicans could win the White House in November has caused Biden Administration officials to accelerate their regulatory agenda. This is driven by their fears that a Republican White House and Congress will use the Congressional Review Act (CRA) to repeal many new regulations if they aren’t finalized by the spring or summer of…

Lacey Act Reporting Requirements

In 1900, Congressman John Lacey sponsored legislation to curb the importation of exotic bird feathers. Lacey Act amendments up to 2008 expanded coverage to fish and animals and established individual and corporate responsibility. The 2008 Farm Bill added wood and plant products, making it unlawful to “import, export, transport, sell, receive, acquire, or purchase in interstate…

State Recycled Content Laws

Laws requiring certain percentages of post-consumer resin content in plastic packaging are gaining traction in some states. According to the Association of Plastics Recyclers (APR), by late 2023, seven states were in various stages of implementing such laws, with existing laws in CA, ME, WA and NJ, and a new law in CT and proposed laws in MD and NY. State laws in effect…

Congress Begins Moving a Bipartisan Tax Bill

On January 17, Senate Finance Committee Chairman Ron Wyden (D-OR) and House Ways and Means Committee Chairman Jason Smith (R-MO) announced bipartisan, bicameral tax legislation, the Tax Relief for American Families and Workers Act of 2024 (TRAFA). To summarize, TRAFA would extend three business tax breaks from 2017’s Tax Cuts and Jobs Act and expand the child tax credit, with…

IHA Government Affairs Achievements

IHA has had a number of government affairs achievements in the last four years with some of the more notable victories discussed below. New UPU Agreement: The housewares industry realized a victory when the Universal Postal Union (UPU) agreed to revise international postal rates to stop discriminating against U.S. shippers. Founded in 1875, the UPU sets postal rates among…