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From Banking and Finance Law Daily, March 8, 2017

Full court denies intervention in PHH appeal

By John M. Pachkowski, J.D.

The U.S. Court of Appeals for the District of Columbia, sitting en banc has issued a per curiam order regarding whether certain parties can intervene in PHH Corp. v. CFPB, an appeal in which the Consumer Financial Protection Bureau is seeking an en banc rehearing of a decision that its structure violates constitutional separation of powers requirements.

The full court’s one-page order denied separate motions filed by Sen. Sherrod Brown (D-Ohio) and Rep. Maxine Waters (D-Calif)attorneys general of 16 states and the District of Columbia; and consumer advocacy organizations, Americans for Financial Reform, Center for Responsible Lending, Leadership Conference on Civil and Human Rights, Self-Help Credit Union, and United States Public Interest Research Group, Inc., seeking reconsideration of a panel decision denying intervention in the case. The panel’s own one-sentence, per curiam order did not explain why the petitions were denied (see Banking and Finance Law Daily, Feb. 2, 2017).

The full court’s order also denied a motion to intervene by State National Bank of Big Spring and two conservative advocacy groups—60 Plus Association and the Competitive Enterprise Institute. These parties had argued that their participation was warranted since they cannot litigate their constitutional claims until identical claims are decided in this case (see Banking and Finance Law Daily, Feb. 15, 2017).

In a related matter, the court issued a separate order allowing the United States to file its amicus curiae on or before Mar. 17, 2017. Earlier the government filed a motion seeking leave to file the amicus curiae brief arguing that it was noted that "the views of the United States on matters involving the President’s removal power are not always entirely congruent with the views of independent agencies" (see Banking and Finance Law Daily, Mar 6, 2017).

Companies: 60 Plus Association; Americans for Financial Reform; Center for Responsible Lending; Competitive Enterprise Institute; Leadership Conference on Civil and Human Rights; PHH Corporation; Self-Help Credit Union; State National Bank of Big Spring; United States Public Interest Research Group, Inc.

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