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DPA Authority Delegated to Department of Agriculture to Combat Food Supply Chain Threat

Client Alert | 1 min read | 04.29.20

On April 28, the President signed an Executive Order on Delegating Authority Under the DPA with Respect to Food Supply Chain Resources During the National Emergency Caused by the Outbreak of COVID-19. The new EO delegates to the Department of Agriculture (“the Department”) Defense Production Act (DPA) Title I priorities and allocation authority with respect to food supply chain resources, expressly including meat and poultry, during the COVID-19 national emergency. The new EO specifies that the Department shall use this authority to ensure the continued supply of protein, specifically meat and poultry to Americans, consistent with the Center for Disease Control and Occupational Safety and Health Administration COVID-19 guidance. The EO also grants the Department authority to identify other at-risk food supply chain resources that should be subject to its Title I priorities and allocation control. This EO builds on previously-issued COVID-19 Executive Orders concerning the delegation of DPA authorities that we have previously discussed.

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Client Alert | 4 min read | 02.20.26

SCOTUS Holds IEEPA Tariffs Unlawful

On February 20, 2026, the Supreme Court issued a pivotal ruling in Trump v. V.O.S. Selections, negating the President’s ability to impose tariffs under IEEPA. The case stemmed from President Trump’s invocation of IEEPA to levy tariffs on imports from Canada, Mexico, China, and other countries, citing national emergencies. Challengers argued—and the Court agreed—that IEEPA does not delegate tariff authority to the President. The power to tariff is vested in Congress by the Constitution and cannot be delegated to the President absent express authority from Congress....

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