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PUERTO RICO PORTS v. FEDERAL MARITIME

No. 06-1407.

531 F.3d 868 (2008)

PUERTO RICO PORTS AUTHORITY, Petitioner v. FEDERAL MARITIME COMMISSION and United States of America, Respondents Odyssea Stevedoring of Puerto Rico, Inc. and International Shipping Agency, Inc., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

July 8, 2008.

Attorney(s) appearing for the Case

Gene C. Schaerr argued the cause for petitioner. With him on the briefs were Lawrence I. Kiern and Gerald A. Morrissey III.

Salvador J. Antonetti-Stutts, Solicitor General of Puerto Rico, Department of Justice of the Commonwealth of Puerto Rico, was on the brief for amicus curiae Commonwealth of Puerto Rico in support of petitioner.

Cory R. Cinque, Attorney, Federal Maritime Commission, argued the cause for respondents. With him on the brief were Thomas O. Barnett, Assistant Attorney General, U.S. Department of Justice, Robert B. Nicholson and Robert J. Wiggers, Attorneys, Amy W. Larson, General Counsel, Federal Maritime Commission, and Christopher Hughey, Deputy General Counsel.

Anne E. Mickey argued the cause for intervenors. With her on the brief were Heather M. Spring and Rick A. Rude.

Concurring opinion filed by Senior Circuit Judge WILLIAMS.

KAVANAUGH, Circuit Judge.

Several commercial marine terminal operators filed complaints with the Federal Maritime Commission against the Puerto Rico Ports Authority. The Authority, which is known as PRPA, asserted sovereign immunity. A divided panel of the Federal Maritime Commission ruled that PRPA is not an arm of the Commonwealth of Puerto Rico and thus not entitled to sovereign immunity. We disagree.

PRPA was...

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