AMERICAN BANKERS v. NATIONAL CREDIT UNION ADMIN.

No. 18-5154 Consolidated with 18-5181.

934 F.3d 649 (2019)

AMERICAN BANKERS ASSOCIATION, Appellee v. NATIONAL CREDIT UNION ADMINISTRATION, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided August 20, 2019.


Attorney(s) appearing for the Case

Daniel Aguilar , Attorney, U.S. Department of Justice, argued the cause for Appellant-Cross-Appellee. With him on the briefs was Mark B. Stern , Attorney.

Allison Jones Rushing , was on the brief for amici curiae Credit Union National Association, et al. in support of Appellant-Cross-Appellee. Nicholas G. Gamse , Washington, DC, entered an appearance.

Steven D. Gordon , Washington, DC, was on the brief for amici curiae State Bankers Associations in support Appellee-Cross-Appellant American Bankers Association.

Robert A. Long Jr. , Washington, DC, argued the cause for Appellee-Cross-Appellant. With him on the briefs were Andrew J. Soukup , Philip Levitz , and Lauren Moxley , Washington, DC.

Before: Henderson, Pillard, and Wilkins, Circuit Judges.


Longstanding principles of administrative law teach us to give federal agencies breathing room when they make policy and "resolv[e] the struggle between competing views of the public interest." Chevron, U.S.A., Inc. v. Nat. Res. Def. Council, Inc., 467 U.S. 837, 866, 104 S.Ct. 2778,...

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