Town of Babylon v. Federal Housing Finance Agency; Natural Resources Defense Council v. Federal Housing Finance Agency, No. 11-3408 (2d Cir. 2012)Annotate this Case
Plaintiffs, in two separate appeals, challenged the grant of motions to dismiss in favor of the Federal Housing Finance Agency (FHFA) and the Office of the Comptroller of the Currency (OCC). The court affirmed the district courts' conclusion that 12 U.S.C. 4617 precluded judicial review of a Directive issued by the FHFA to Fannie Mae, Freddie Mac, and the Federal Home Loan Banks. The court also held that plaintiffs have failed to show that it was likely, as opposed to merely speculative, that their claims against the OCC would be redressed by vacatur of the Bulletin at issue, and therefore, the claims against the OCC were properly dismissed for lack of standing.