JDSUPRA, February 5, 2021, CA federal district court denies OCC’s motion to dismiss lawsuit challenging final CRA rule
A California federal district court has denied the OCC’s motion to dismiss the lawsuit filed in June 2020 by the National Community Reinvestment Coalition and California Reinvestment Coalition that asks the court to declare the OCC’s CRA final rule (Rule) unlawful under the Administrative Procedure Act (APA) and set it aside.
In its order denying the OCC’s motion to dismiss, the court rejected the OCC’s argument that the plaintiffs lack standing because they have not shown that they have suffered an injury in fact.
The court found that these allegations were sufficient to allege an injury in fact under the “competitor standing doctrine” which requires a showing that an agency action will result in an increase in competition but does not require an actual loss in business opportunities to be shown.
