Yes, and materially so. In 2025, the Puerto Rico Supreme Court (Tribunal Supremo de Puerto Rico) explicitly adopted the framework established by the U.S. Supreme Court in Loper Bright Enterprises v. Raimondo (2024), ending judicial deference to Puerto Rico agencies’ legal interpretations of their own enabling statutes. Under the prior framework, courts deferred to agency interpretations of ambiguous statutes if those interpretations were reasonable. Under the standard Puerto Rico now applies, courts independently determine what the law means — giving litigants a stronger basis to challenge agency legal conclusions in court, including on questions of agency jurisdiction, penalty authority, and the scope of licensing conditions. Arguments about the legal limits of agency authority, which previously faced an uphill battle under the deference doctrine, now receive genuine independent judicial review. For the firm’s full analysis, see Historic Shift: Puerto Rico’s Supreme Court Explicitly Adopts Loper Bright.

The Build America, Buy America Act (BABAA), enacted as part of the Infrastructure Investment and Jobs Act of 2021, requires that iron, steel, manufactured products, and construction materials used in federally funded infrastructure projects be produced in the United States. The requirement applies to federal financial assistance for infrastructure obligated after May 14, 2022, and covers transportation, water, broadband, energy, and environmental infrastructure projects. Puerto Rico projects funded through the Federal Highway Administration (FHWA), Federal Transit Administration (FTA), EPA, HUD, and other federal agencies are subject to BABAA compliance. Waivers are available on three grounds: public interest (including where domestic production capacity is insufficient), non-availability of a compliant product, and unreasonable cost (where use of a compliant product would increase project costs by more than 25 percent). Waiver applications require advance planning and coordination with the relevant federal awarding agency. For related procurement counsel, see the firm’s Government Contracts & Procurement page.

The most important immediate step is preservation: secure all documents, communications, and records potentially relevant to the agency’s allegations, and do not delete, overwrite, or alter anything. Administrative complaints in Puerto Rico typically carry short response deadlines — often 20 to 30 days — and failure to respond within the required period can result in a default finding that is difficult to overturn on appeal. Early legal counsel enables a full assessment of the agency’s theory of violation, identification of procedural defects in the complaint, evaluation of available defenses, and negotiation of informal resolution before the matter proceeds to a formal adjudicative hearing. Agencies in Puerto Rico exercise significant discretion in enforcement, and early substantive engagement with agency staff often produces better outcomes than waiting for a formal hearing to raise arguments for the first time.

The National Environmental Policy Act (NEPA, 42 U.S.C. § 4321 et seq.) requires federal agencies to assess the environmental consequences of proposed actions before authorizing, funding, or carrying them out. In Puerto Rico, NEPA applies whenever a project has a federal nexus — meaning it involves federal funding, requires a federal permit such as a Section 404 permit from the U.S. Army Corps of Engineers or a Clean Air Act authorization from the EPA, or is located on federal land. NEPA compliance typically requires preparation of an Environmental Assessment (EA) or, for projects with the potential for significant environmental impacts, a full Environmental Impact Statement (EIS), governed by Council on Environmental Quality (CEQ) regulations at 40 C.F.R. Parts 1500–1508. Projects funded through FEMA, HUD, or DOE must complete NEPA review before the federal agency can obligate funds, making early identification of the applicable review pathway critical to project timelines.

2 C.F.R. Part 200, the Uniform Guidance, establishes federal requirements for all recipients and subrecipients of federal financial assistance — including grants, cooperative agreements, and cost-reimbursement contracts. In Puerto Rico, the Uniform Guidance applies to entities receiving FEMA Public Assistance funds under the Stafford Act (42 U.S.C. § 5121 et seq.), HUD Community Development Block Grant Disaster Recovery (CDBG-DR) allocations, DOE infrastructure awards, and federal health, education, and housing grants. The regulation governs procurement standards, cost allowability, audit requirements under the Single Audit Act (for entities expending $750,000 or more annually in federal awards), and subrecipient monitoring obligations. Non-compliance can result in cost disallowances, repayment demands, suspension of award activities, or debarment from future federal funding. For related procurement and federal grant compliance counsel, see the firm’s Government Contracts & Procurement page. [INTERNAL LINK: /services/government-contracts-procurement]

Act 38-2017, Puerto Rico’s Uniform Administrative Procedure Act (Ley de Procedimiento Administrativo Uniforme, 3 L.P.R.A. § 2101 et seq.), governs the process by which Puerto Rico administrative agencies adopt regulations, conduct adjudicative hearings, issue final orders, and are subject to judicial review. A party adversely affected by a final agency decision generally has 30 days from notification to file a petition for review with the Puerto Rico Court of Appeals (Tribunal de Apelaciones). The court reviews whether the agency acted within its statutory authority, followed required procedures, and supported its factual findings with substantial evidence in the record. Errors of law receive de novo review; factual findings receive deference. Building a complete and well-documented administrative record is therefore the most important strategic task in any agency proceeding — the appellate court cannot consider evidence or arguments that were not presented below. For appellate representation following an adverse agency decision, see the firm’s Appellate Practice page.

The regulatory landscape in Puerto Rico involves both Commonwealth and federal authorities, and the applicable agencies depend on the industry. Most businesses interact with the Department of State for entity registration, the Puerto Rico Treasury Department (Departamento de Hacienda) for merchant registration, internal revenue licenses, and tax compliance, and the Department of Consumer Affairs (DACO) for consumer-facing commercial operations — including pricing practices, advertising, warranties, and product safety. Companies that intend to do business with Puerto Rico government entities must also register in the Registro Único de Licitadores (RUL) and the Registro Único de Proveedores (RUP), the Commonwealth’s mandatory bidder and vendor registries. 



Failure to maintain active RUL and RUP registrations disqualifies a company from government contracting regardless of its technical qualifications or competitive pricing. Beyond these baseline requirements, regulated industries carry additional layers: energy companies are subject to PREB oversight under Act 57-2014 and Act 17-2019; telecommunications companies operate under the JRTPR; financial services companies are licensed through the Office of the Commissioner of Financial Institutions (OCIF) or the Office of the Commissioner of Insurance; and healthcare entities are subject to the Puerto Rico Department of Health (PRDOH). Physical premises and construction authorizations run through OGPe. Federal agencies hold concurrent jurisdiction in environmental matters (EPA, Army Corps), energy (FERC), aviation (FAA), and telecommunications (FCC). For companies receiving federal funding, the relevant federal grantor agency maintains compliance and audit authority regardless of which Commonwealth entity administered the funds.