United States Second Circuit

In this case, plaintiff-county sued defendant US Department of Housing and Urban Development (HUD), alleging that the agency acted in an arbitrary and capricious manner by rejecting plaintiff's fiscal year 2011 Action Plan and certification that it would affirmatively further fair housing, which plaintiff submitted to obtain certain HUD-administered grants. Dismissal of plaintiff's suit for lack of jurisdiction is: 1) vacated and remanded as to the judgment which dismissed plaintiff's Administrative Procedure Act (APA) claims as not subject to judicial review under the APA, where HUD's actions are not "committed to agency discretion by law" as to render them unreviewable, because the statutes governing HUD's administration of the relevant grant programs provide meaningful standards against which to judge HUD's exercise of discretion; and 2) affirmed as to the dismissal of certain claims as moot, where plaintiff seeks relief with respect to certain grant funds that have already been reallocated to other jurisdictions.

Appellate Information

• Decided 02/18/2015
• Published 02/18/2015

Judges

• Level

Court

• United States Second Circuit

Counsel