1st Circ. Frees Puerto Rican Agency From $150M Fees Suit

Law360 (May 4, 2020, 5:09 PM EDT) -- The First Circuit freed the Puerto Rico Ports Authority from importers' accusations that it illegally collected over $150 million in security fees from shippers, saying in a precedential decision that the agency only forced freighters to pay the fees.  

A three-judge panel held Friday that the shipping companies lacked standing to pursue claims the PRPA's security fees violated the U.S. Constitution's Commerce Clause, as the freight carriers they hired to import goods into Puerto Rico were the ones paying, and then passing along the charge, to the shippers. 

The ports agency didn't charge the fees to the importers; instead, the importers...

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