BAA Doesn't Block Puerto Rico Cement Laws: 1st Circ.

Law360, San Diego (January 17, 2012, 11:00 PM EST) -- The First Circuit on Tuesday ruled that two Puerto Rico laws related to cement restrictions in construction projects were not preempted by the Buy American Act, but found that certain provisions of one of the laws violated the dormant foreign commerce clause.

A three-judge panel reversed a lower court’s invalidation of Puerto Rico laws 109 and 132 based on the BAA, which requires certain U.S. public projects use only domestically produced materials.

The panel also upheld that Law 109, which requires that government-funded construction projects use...
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