The U.S. Chamber filed a motion for leave to file an amicus curiae brief with the Puerto Rico Supreme Court to urge the Court to grant the certiorari petition. According to the Chamber’s motion, the Puerto Rico Supreme Court has never decided what deference, if any, Puerto Rico courts should give to an agency’s interpretation of laws or regulations.
The proposed brief would identify for the Puerto Rico Supreme Court the “first principles” of administrative law that should help inform the Court’s nascent deference jurisprudence. Additionally, the brief would draw from well-established U.S. administrative law principles. The brief would also argue that proper application of predictable, established administrative law principles facilitates regulatory predictability and stability, which both of which are very important criteria that businesses consider when making decisions where to invest and expand. In order for Puerto Rico to keep businesses in the territory and to attract new investment, the Puerto Rico Supreme Court should grant review to demonstrate the Court’s commitment to respect for the rule of law.