Stilwell v. Office of Thrift Supervision

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that “when an agency adopts a rule with the purpose and substantially probable effect” of hindering a particular party, that party “ordinarily will have standing to challenge the rule”
• explaining that “agencies can, of course, adopt prophylactic rules to prevent potential problems before they arise” and “[a]n agency need not suffer the flood before building the levee”
• sanctioning agency’s reliance on its “long experience of supervising” regulated entities and “support in various comments submitted in response to the proposed rule”
• “[A]gencies can, of course, adopt prophylactic rules to prevent potential problems before they arise.”
• “[W]hen an agency adopts a rule with the purpose and substantially probable effect of economically helping regulated Party A and hindering Party B, Party B ordinarily will have standing to challenge the rule.”
• “Under the [Office of Thrift Supervision] rule, it is substantially probable that [mutual holding company] subsidiaries w[ould] adopt charter provisions that w[ould] cause Stilwell economic harm; he therefore has standing to challenge the rule as a violation of the APA.”

Source: CourtListener parenthetical corpus (CC0).