JDSUPRA: CA federal district court denies OCC’s motion to dismiss lawsuit challenging final CRA rule

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.

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Redlining and Neighborhood Health

Before the pandemic devastated minority communities, banks and government officials starved them of capital.

Lower-income and minority neighborhoods that were intentionally cut off from lending and investment decades ago today suffer not only from reduced wealth and greater poverty, but from lower life expectancy and higher prevalence of chronic diseases that are risk factors for poor outcomes from COVID-19, a new study shows.

The new study, from the National Community Reinvestment Coalition (NCRC) with researchers from the University of Wisconsin–Milwaukee Joseph J. Zilber School of Public Health and the University of Richmond’s Digital Scholarship Lab, compared 1930’s maps of government-sanctioned lending discrimination zones with current census and public health data.

Table of Content

  • Executive Summary
  • Introduction
  • Redlining, the HOLC Maps and Segregation
  • Segregation, Public Health and COVID-19
  • Methods
  • Results
  • Discussion
  • Conclusion and Policy Recommendations
  • Citations
  • Appendix

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