Section 888

Citation: Section 888
Parent Document: Open Cmtys. Alliance v. Carson, 286 F. Supp. 3d 148 (2017)
Jurisdiction: United States (federal)
Effective Date: 2017-12-23
Original Source: https://www.courtlistener.com/opinion/7328080/open-cmtys-alliance-v-carson/ ↗

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The defendants assert that plaintiffs must show that OCA's claimed monetary loss "threatens the very existence of the movant's business" to support OCA's claims of irreparable economic injury. Defs.' Opp'n at 36 (quoting Wisc. Gas Co. v. FERC , 758 F.2d 669, 674 (D.C. Cir. 1985) ). The defendants misread the authority on which they rely. Wisconsin Gas Co. held that "[r ]ecoverable monetary loss may constitute irreparable harm only where the loss threatens the very existence of the movant's business." 758 F.2d at 674. OCA's monetary losses, however, are not recoverable, as the APA provides no damages remedy. See 5 U.S.C. § 702 (authorizing actions "seeking relief other than money damages"). Wisconsin Gas Go. thus is inapposite; to show irreparable harm, OCA need only show that HUD's delay of the Rule will "perceptibly impair[ ]" OCA's programs and "directly conflict with the organization's mission." League of Women Voters , 838 F.3d at 8. For the reasons given, OCA has made such a showing. C. Balance of Equities and Public Interest

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