Banks' Increasing Willingness to Sue Their Regulators Might Backfire

American Banker
Tuesday, March 19, 2024

"I've mentioned this in the past, but before I got into banking I used to be an environmental policy reporter, specifically covering hazardous waste and water quality policy issues. In environmental policy, a big part of the game is covering the courts because virtually every single rule the Environmental Protection Agency finalizes is challenged in court. A Supreme Court hearing is informally understood to be the final stage of the rulemaking process.

When I found my way into banking policy, one of the most noticeable differences was how infrequently banks sued their regulators — as in, it virtually never happened. And that wasn't because agencies weren't making new rules — this was during the long implementation phase of Dodd-Frank and Basel III, so agencies were making rules all the time. And banks didn't necessarily like those rules, either — they just didn't sue."