TOWN OF BABYLON v. FEDERAL HOUSING FINANCE AGENCY

Docket Nos. 11-3408-cv, 11-3285-cv.

699 F.3d 221 (2012)

TOWN OF BABYLON, Plaintiff-Appellant, v. FEDERAL HOUSING FINANCE AGENCY, Edward DeMarco, in his capacity as Acting Director of Federal Housing Finance Agency, Office of the Comptroller of the Currency, a component of the United States Department of the Treasury, John G. Walsh, Acting Comptroller of the Currency, Defendants-Appellees, Charles E. Haldeman, Jr., in his capacity as Chief Executive Officer of the Federal Home Loan Mortgage Corporation, Michael J. Williams, in his capacity as Chief Executive Officer of the Federal National Mortgage Association, Defendants. Natural Resources Defense Council, Inc., Plaintiff-Appellant, v. Federal Housing Finance Agency, Edward DeMarco, Acting Director, Federal Housing Finance Agency, Office of the Comptroller of the Currency, a component of the United States Department of the Treasury, John G. Walsh, Acting Comptroller of the Currency, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: October 24, 2012.


Attorney(s) appearing for the Case

Erik A. Ortmann ( William J. Tinsley Jr. , Christopher K. Smith , on the brief), Goldberg & Connolly, Rockville Centre, New York, for Plaintiff-Appellant Town of Babylon.

Howard N. Cayne ( Lisa S. Blatt , Asim Varma , on the brief), Arnold & Porter LLP, Washington, D.C., for Stephen E. Hart, Federal Housing Finance Agency, for Defendant-Appellees Federal Housing Finance Agency and Edward DeMarco.

Thomas A. McFarland ( Varuni Nelson , Assistant United States Attorney, Julie L. Williams , Daniel P. Stipano , Horace G. Sneed , Douglas B. Jordan , Office of the Comptroller of the Currency, on the brief), Assistant United States Attorney for Loretta E. Lynch, United States Attorney for the Eastern District of New York, for Defendant-Appellees Office of the Comptroller of the Currency and John G. Walsh.

Katherine Kennedy ( Benjamin H. Longstreth , on the brief), Natural Resources Defense Council, New York, New York, for Plaintiff-Appellant Natural Resources Defense Council.

Bertrand Madsen ( Benjamin H. Torrance , on the brief), Assistant United States Attorneys, for Preet Bharara, United States Attorney for the Southern District of New York, for Defendant-Appellees Office of the Comptroller of the Currency and John G. Walsh.

Before: WINTER, CABRANES, and CARNEY, Circuit Judges.


WINTER, Circuit Judge:

This opinion disposes of separate appeals from two different district courts. We heard the appeals in tandem because of the similarity of the issues raised.

The Town of Babylon and the Natural Resources Defense Council, Inc. ("NRDC") appeal from orders entered by Judge Wexler in the Eastern District of New York and Judge Scheindlin in the Southern District of New York, respectively. The district courts dismissed appellants' complaints...

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