United States Second Circuit

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Town of Babylon v. FHFA, Natural v. FHFA, 11-3408, 11-3285

In appeals heard in tandem, plaintiffs claim that defendant Federal Housing Finance Agency (FHFA) and defendant Office of Comptroller of Currency (OCC) violated the Administrative Procedure Act, the Housing and Economic Recovery Act, and the National Environmental Policy Act in the promulgation of an FHFA directive and OCC bulletin that adversely impacted operation of first lien Property Assessed Clean Energy (PACE) programs, judgments dismissing plaintiffs' claims are affirmed, where: 1) claims against defendant FHFA were precluded by 12 USC section 4617(f) which excludes judicial review of "the exercise of powers or functions" given to the FHFA as a conservator; and 2) plaintiffs lacked Article III standing to pursue claims against defendant OCC because the redressability requirement was not satisfied.

Appellate Information

  • Decided 10/24/2012
  • Published 10/24/2012




  • United States Second Circuit