IN RE FINANCIAL OVERSIGHT AND MGMT. BD. FOR PR

Nos. 20-1685, 20-1709, 20-1710.

9 F.4th 1 (2021)

IN RE: THE FINANCIAL OVERSIGHT AND MANAGEMENT BOARD FOR PUERTO RICO, as Representative for the Commonwealth of Puerto Rico; The Financial Oversight and Management Board for Puerto Rico, as Representative for the Puerto Rico Highways and Transportation Authority; The Financial Oversight And Management Board for Puerto Rico, as Representative for the Puerto Rico Electric Power Authority (PREPA); The Financial Oversight and Management Board for Puerto Rico, as Representative for the Puerto Rico Sales Tax Financing Corporation, a/k/a Cofina; The Financial Oversight And Management Board for Puerto Rico, as Representative for the Employees Retirement System of the Government of the Commonwealth of Puerto Rico; The Financial Oversight and Management Board for Puerto Rico, as Representative for the Puerto Rico Public Buildings Authority, Debtors. Campamento Contra Las Cenizas En Peñuelas, Inc.; Alianza Comunitaria Ambientalista De Sureste, Inc.; Amigos Del Rio Guaynabo, Inc.; Cambio P.R.; Coalición De Organizaciones Anti-Incineración, Inc.; Comité Yabucoeño Pro-Calidad De Vida, Inc.; Comité Diálogo Ambiental, Inc.; El Puente De Williamsburg, Inc., Enlace Latino De Acción Climática; Sierra Club Puerto Rico, Inc.; Mayagüezanos Por La Salud Y El Ambiente, Inc., Interested Parties, Appellants, v. The Financial Oversight And Management Board for Puerto Rico, as Representative for the Commonwealth of Puerto Rico; The Financial Oversight and Management Board for Puerto Rico, as Representative for the Puerto Rico Electric Power Authority (PREPA), Debtors, Appellees. In re: The Financial Oversight and Management Board for Puerto Rico, as Representative for the Commonwealth of Puerto Rico; The Financial Oversight and Management Board for Puerto Rico, as Representative for the Puerto Rico Highways and Transportation Authority; The Financial Oversight and Management Board for Puerto Rico, as Representative for the Puerto Rico Electric Power Authority (PREPA); The Financial Oversight and Management Board for Puerto Rico, as Representative for the Puerto Rico Sales Tax Financing Corporation, a/k/a Cofina; The Financial Oversight and Management Board for Puerto Rico, as Representative for the Employees Retirement System of the Government of the Commonwealth of Puerto Rico; The Financial Oversight and Management Board for Puerto Rico, as Representative for the Puerto Rico Public Buildings Authority, Debtors. Union De Trabajadores De La Industria Electrica Y Riego (Utier), Interested Party, Appellant, v. The Financial Oversight and Management Board for Puerto Rico, as Representative for the Commonwealth of Puerto Rico; The Financial Oversight and Management Board for Puerto Rico, as Representative for the Puerto Rico Electric Power Authority (PREPA), Debtors, Appellees. In re: The Financial Oversight And Management Board for Puerto Rico, as Representative for the Commonwealth of Puerto Rico; The Financial Oversight and Management Board for Puerto Rico, as Representative for the Puerto Rico Highways and Transportation Authority; The Financial Oversight and Management Board for Puerto Rico, as Representative for the Puerto Rico Electric Power Authority (PREPA); The Financial Oversight and Management Board for Puerto Rico, as Representative for the Puerto Rico Sales Tax Financing Corporation, a/k/a Cofina; The Financial Oversight and Management Board for Puerto Rico, as Representative for the Employees Retirement System of the Government of the Commonwealth of Puerto Rico; The Financial Oversight and Management Board for Puerto Rico, as Representative for the Puerto Rico Public Buildings Authority, Debtors. Windmar Renewable Energy, Inc., Interested Party, Appellant, v. The Financial Oversight and Management Board for Puerto Rico, as Representative for the Commonwealth of Puerto Rico; The Financial Oversight and Management Board for Puerto Rico, as Representative for the Puerto Rico Electric Power Authority (PREPA), Debtors, Appellees.

United States Court of Appeals, First Circuit.

August 12, 2021.


Attorney(s) appearing for the Case

Jessica E. Méndez Colberg , with whom Rolando Emmanuelli Jiménez and Bufete Emmanuelli, C.S.P., were on brief, for appellant UTIER.

Fernando E. Agrait for appellant Windmar Renewable Energy, Inc.

Daniel Desatnik , with whom Martin J. Bienenstock , Mark D. Harris , Paul V. Possinger , Ehud Barak , Timothy W. Mungovan , John E. Roberts , Adam L. Deming , and Proskauer Rose LLP were on brief, for appellees.

Before Lynch and Kayatta, Circuit Judges, and Woodcock, District Judge.


This PROMESA case turns on the Financial Oversight and Management Board's authority to assume certain long-term power supply contracts on behalf of the Puerto Rico Electric Power Authority (PREPA) under 11 U.S.C. § 365 and 48 U.S.C. § 2161. The appellants — PREPA's primary labor union, an energy company that...

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