No. 19-1115

American Bankers Association v. National Credit Union Administration

Lower Court: District of Columbia
Docketed: 2020-03-11
Status: Denied
Type: Paid
Amici (4) Experienced Counsel
Tags: administrative-law agency-authority agency-discretion chevron-deference delegation-of-authority local-community regulatory-definition separation-of-powers statutory-interpretation
Key Terms:
AdministrativeLaw Environmental Securities JusticiabilityDoctri
Latest Conference: 2020-06-25
Question Presented (AI Summary)

When a statute expressly directs an agency to define a statutory term, does the delegation expand the scope of the agency's authority at Chevron step two beyond its ordinary bounds?

Question Presented (OCR Extract)

QUESTION PRESENTED By statute, federally-chartered community credit unions are limited to serving “[p]Jersons or organizations within a_ well-defined local community, neighborhood, or rural district.” 12 U.S.C. § 1759(b)(3). The statute directs the National Credit Union Administration to define those terms by regulation. Id. § 1759(g)(1). The agency has defined “local community” to include any “Combined Statistical Area,” or portion of such an area, with a population of up to 2.5 million people. “Combined Statistical Areas” are large regions that often encompass dozens of cities and counties. The agency has also defined “rural district” to include vast areas with overwhelmingly urban populations of up to one million people. The D.C. Circuit upheld these definitions on the basis of Chevron deference. In doing so, the court relied on circuit precedent holding that a statutory grant of definitional authority “necessarily suggests that Congress did not intend the word to be applied in its plain meaning sense” and thus grants the agency “vast discretion” to adopt its own interpretation. The question presented is: When a statute expressly directs an agency to define a statutory term, does the delegation expand the scope of the agency’s authority at Chevron step two beyond its ordinary bounds? i

Docket Entries

2020-06-29
Petition DENIED.
2020-06-09
DISTRIBUTED for Conference of 6/25/2020.
2020-06-08
Reply of petitioner American Bankers Association filed. (Distributed)
2020-05-26
Brief of respondent National Credit Union Administration in opposition filed.
2020-04-28
Motion to extend the time to file a response is granted and the time is further extended to and including May 26, 2020.
2020-04-27
Motion to extend the time to file a response from May 11, 2020 to May 26, 2020, submitted to The Clerk.
2020-04-13
Motion to extend the time to file a response is granted and the time is extended to and including May 11, 2020.
2020-04-10
Motion to extend the time to file a response from April 10, 2020 to May 11, 2020, submitted to The Clerk.
2020-04-10
Brief amicus curiae of Pacific Legal Foundation filed.
2020-04-10
Brief amicus curiae of Center for Constitutional Jurisprudence filed.
2020-04-10
Brief amicus curiae of National Right to Work Legal Defense Foundation, Inc. filed.
2020-04-10
Brief amici curiae of Iowa Bankers Association et al. filed.
2020-03-11
Petition for a writ of certiorari filed. (Response due April 10, 2020)

Attorneys

American Bankers Association
Robert Allen Long Jr.Covington & Burling, LLP, Petitioner
Robert Allen Long Jr.Covington & Burling, LLP, Petitioner
Center for Constitutional Jurisprudence
John C. EastmanCenter for Constitutional Jurisprudence, Amicus
John C. EastmanCenter for Constitutional Jurisprudence, Amicus
Iowa Bankers Association et al.
Steven Douglas GordonHolland & Knight, Amicus
Steven Douglas GordonHolland & Knight, Amicus
National Credit Union Administration
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent
National Right to Work Legal Defense Foundation, Inc.
Raymond J. LaJeunesse Jr.National Right to Work Legal Foundation, Amicus
Raymond J. LaJeunesse Jr.National Right to Work Legal Foundation, Amicus
Pacific Legal Foundation
Glenn Evans RoperPacific Legal Foundation, Amicus
Glenn Evans RoperPacific Legal Foundation, Amicus