Trump signed Pres. memo, “Construction of American Pipelines”

This Presidential memo directs the Secretary of Commerce to develop a rule requiring all iron and steel products be produced in the U.S. with U.S. iron or steel

The attorneys at King & Spalding reports several ambiguities in the language of this order: no definitions for “pipeline,” “inside the borders of the United States,” and “materials and equipment.” Does pipeline only refer to pipelines transporting oil and natural gas products, or any commodity or substance? Does this rule only apply to pipelines within the three-mile territorial waters of the United States, and not pipelines located on the Outer Continental Shelf?  What effect does this rule have on a pipeline that crosses international borders?  What about retrofitting or expanding current pipelines? Continue reading “Trump signed Pres. memo, “Construction of American Pipelines””

Trump signed Pres. memo, “Withdrawal of the U.S. from the Trans-Pacific Partnership Negotiations and Agreement”

This memorandum directs the United States Trade Representative to withdraw the U.S. from TPP trade deal.

The President has complete authority to direct staff in matters of foreign affairs under Title 5 of the U.S. Code Section 553 without resorting to rule making procedures – he is only bound by existing statutes and the Constitution. Under the Constitution, the President, as Head of State, is free to negotiate and enter into international treaties, but for them to be binding on the United States, the Senate must ratify by a two-thirds vote. Even if Trump were to not withdraw from the Trans-Pacific Partnership, it would have had to pass through the Senate.

Continue reading “Trump signed Pres. memo, “Withdrawal of the U.S. from the Trans-Pacific Partnership Negotiations and Agreement””