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ABA Urges Court to Restore Limits on Chevron Defer

Archived Industry News:ABA Urges Court to Restore Limits on Chevron Deference

Last Updated: 6/11/2020 4:17 PM

ABA Urges Court to Restore Limits on Chevron Deference

The American Bankers Association this week filed its reply brief urging the U.S. Supreme Court to review a lower court ruling in the association’s challenge of the National Credit Union Administration’s 2016 field of membership rule. In August, a three-judge panel of the D.C. Circuit Court of Appeals upheld much of the rule while remanding a portion related to redlining concerns. The court will grant the ABA’s petition if four of the nine justices vote to accept the case. In appealing, the ABA argued that the D.C. Circuit’s decision “stretches Chevron deference past the breaking point” in ruling that NCUA could define a “local community” as a combined statistical area inhabited by up to 2.5 million people or define an entire state as a “rural district.” Under the Supreme Court’s Chevron doctrine, courts defer to administrative agencies’ interpretation of statutes they administer where Congress has not specifically addressed the question at issue. The Iowa Bankers Association coordinated an amicus brief in support of the ABA on this matter. Read the ABA’s reply brief.

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