Supreme Court (exterior)

Supreme Court of Puerto Rico

The Supreme Court of Puerto Rico denied the petition for Certiorari requested by the Transportation Bureau in a lawsuit filed by the Puerto Rico Chamber of Commerce (PRCC), in which the Circular Letter that had increases in the transportation of materials was declared null and void in Puerto Rico.

"We are extremely satisfied with the decision of the Supreme Court to reject the request of the Transportation Bureau, which has the effect of upholding the determination of the Court of Appeals that declares ultra vires the decision of the Bureau to unilaterally approve a rate hike. We have prevailed in all instances, defending the consumer and as a union representing the Puerto Rican business sector," PRCC President Luis Gierbolini stated in a press release.

In conjunction with the denial of the Certiorari petition, a "Denied" was also notified to the request of the Broad Front of Truckers to intervene and to the request to join as friends of the court (Amicus Curiae) of the Construction Materials Merchants Association.

The request was addressed by the Special Summer Chamber composed of the Presiding Judge -Oronoz Rodríguez-, Associate Judge Mr. Martínez Torres, Associate Judge Mrs. Pabón Charneco, Associate Judge Rivera García, and Estrella Martínez. The latter indicates the Resolution dated Aug. 9, 2021, which would issue and declare the Amicus Curiae request “With Place."

"We have been conducting an evaluation with our legal team to continue defending what has been a flawed process, without any economic impact study and without properly listening to the affected parties in this regulatory process. We are convinced that a regulatory entity has to act impartially and not under pressure from a sector that, through force, seeks to destabilize trade in Puerto Rico," the PRCC president said.

Last July, while waiting for this decision of the Supreme Court, a strike was called by the Broad Front of Truckers, which halted the work of land cargo movement on the island for two days. The government decided to presented a regulation in the State Department to end the conflict

Moreover, the Financial Oversight and Management Board of Puerto Rico has stated that the proposed regulation must comply with the fiscal plan, present an adequate increase, and exclude private contracts.

"The [PRCC] will stay active and vigilant that the regulatory processes that affect the transportation of terrestrial materials in Puerto Rico are carried out correctly, respecting the fundamental principles of free enterprise, and especially of the consumer," Gierbolini affirmed.

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