No. 22-484

Pedro Pierluisi, Governor of Puerto Rico, et al. v. Financial Oversight and Management Board for Puerto Rico

Lower Court: First Circuit
Docketed: 2022-11-22
Status: Denied
Type: Paid
Amici (2)
Tags: administrative-law administrative-review board-determination civil-rights due-process federalism fiscal-plan legislative-oversight promesa puerto-rico-sovereignty statutory-interpretation territorial-self-rule
Key Terms:
AdministrativeLaw ERISA Securities
Latest Conference: 2023-03-24
Question Presented (AI Summary)

What standard of review governs a district court's evaluation of the Board's determination that Puerto Rican legislation 'would impair or defeat the purposes of' PROMESA, and its review of that legislation for consistency with the fiscal plan?

Question Presented (OCR Extract)

QUESTIONS PRESENTED The Puerto Rico Oversight, Management, and Economic Stability Act (““PROMESA”) establishes two anti-democratic limitations on the power of Puerto Rico’s Governor and Legislature to enact or enforce new statutes. First, PROMESA Section 108(a) prohibits enacting or enforcing any law “that would impair or defeat the purposes of? PROMESA, “as determined by” the federally-appointed Financial Oversight and Management Board for Puerto Rico (“Board”). 48 U.S.C. § 2128(a)(2). Second, PROMESA Section 204(a) allows the Board to seek to nullify legislation that is “significantly inconsistent with” the Board’s certified fiscal plan, id. § 2144(a), a blueprint for the Commonwealth’s fiscal goals. As part of this process, Section 204(a) requires the Governor to submit to the Board a “formal estimate ... of the impact, if any, that the law will have on expenditures and revenues.” Id. § 2144(a)(2)(A). If the Governor fails to submit such an estimate as well as a certification that the new law is not significantly inconsistent with the fiscal plan, Section 204(a) allows the Board to “seek judicial enforcement of its authority” to “ensure that the enactment or enforcement of the law will not adversely affect the territorial government’s compliance with the Fiscal Plan, including preventing the enforcement or application of the law.” Id. §§ 2124(k); 2144(a)(5). The questions presented are: 1. What standard of review governs a district court’s evaluation of the Board’s determination that Puerto Rican legislation “would impair or defeat the purposes of? PROMESA, id. § 2128(a)(2), and its review of that legislation for consistency with the fiscal ii plan, id. § 2144(a)? 2. Does this standard of review require the Board to reasonably and contemporaneously explain its decisions without relying on post-hoc justifications? 3. Did the court of appeals err in affirming the Title III Court’s holding that the Board’s determinations regarding Acts 47, 82, 138, and 176 were not arbitrary and capricious?

Docket Entries

2023-03-27
Motion for leave to file amicus brief out of time filed by Hon. Jose Luis Dalmau DENIED.
2023-03-27
Petition DENIED.
2023-03-08
DISTRIBUTED for Conference of 3/24/2023.
2023-03-07
Reply of petitioner Honorable Pedro Pierluisi, et al. filed. (Distributed)
2023-02-21
Brief of respondent Financial Oversight and Management Board for Puerto Rico in opposition filed.
2023-02-16
Motion for leave to file out of time amicus brief filed of Hon. Jose Luis Dalmau.
2022-12-05
Motion to extend the time to file a response is granted and the time is extended to and including February 21, 2023. See Rule 30.1.
2022-12-02
Motion to extend the time to file a response from December 22, 2022 to February 20, 2023, submitted to The Clerk.
2022-11-18
Petition for a writ of certiorari filed. (Response due December 22, 2022)
2022-09-13
Application (22A223) granted by The Chief Justice extending the time to file until November 19, 2022.
2022-09-09
Application (22A223) to extend the time to file a petition for a writ of certiorari from September 20, 2022 to November 19, 2022, submitted to The Chief Justice.

Attorneys

Hon. Jose Luis Dalmau
Edwin QuinonesQuiñones, Arbona & Candelario, Amicus
Edwin QuinonesQuiñones, Arbona & Candelario, Amicus
Honorable Pedro Pierluisi, in his official capacity, et al.
William J. SushonO'Melveny & Myers LLP, Petitioner
William J. SushonO'Melveny & Myers LLP, Petitioner
The Financial Oversight and Management Board
Martin J. BienenstockProskauer Rose LLP, Respondent
Martin J. BienenstockProskauer Rose LLP, Respondent