Tags:

US Appeals Court Dismisses Suit over New CFTC Rule

Saturday, 21 Jan 2012 06:11 PM

 

Share:
More . . .
A    A   |
   Email Us   |
   Print   |

* Rules case must first go to lower court

* Trade groups: CFTC exceeded authority

WASHINGTON, Jan 21 (Reuters) - A U.S. appeals court has dismissed a lawsuit by the financial industry challenging new federal regulations aimed at cracking down on speculation in commodities markets, a move that will likely delay a decision over whether the rules pass muster.

The Securities Industry and Financial Markets Association and the International Swaps and Derivatives Association in December filed challenges to the regulations adopted last year by the Commodity Futures Trading Commission.

The U.S. Court of Appeals for the District of Columbia Circuit dismissed the lawsuit saying that the case must first be heard by a lower court, an argument advanced by the CFTC.

"There is no express congressional authorization of direct appellate review applicable to the petition for review in this case," the three-judge panel said in a brief order issued late on Friday.

They said that federal laws provided for appellate review for other agency action but not the challenged regulation.

The CFTC voted 3-2 in October to set "position limits" on the number of commodity futures and swaps contracts that a trader could hold. It has been decried by traders as a politically motivated effort to cap prices that will make markets less liquid and more volatile.

The two trade groups sued to block the new rules arguing that the CFTC exceeded its authority and that the regulations were not adequately justified.

The CFTC had argued that the case should first be heard by the U.S. District Court for the District of Columbia. Once that court hears the case, whatever decision reached there can be challenged at the appeals court, a lengthier process.

The industry groups already have filed a challenge at the district court, but it was put on hold pending a decision by the appeals court on whether it would hear the case.

Representatives for the industry and the CFTC were not immediately available for comment. (Reporting By Jeremy Pelofsky; Editing by Vicki Allen)

© 2013 Thomson/Reuters. All rights reserved.

Share:
More . . .
   Email Us   |
   Print   |
Around the Web
Join the Newsmax Community
>> Register to share your comments with the community.
>> Login if you are already a member.
blog comments powered by Disqus
 
Email:
Country
Zip Code:
 
Hot Topics
Follow Newsmax
Like us
on Facebook
Follow us
on Twitter
Add us
on Google Plus
Top Stories
Around the Web
You May Also Like

Softbank Sole Bidder For Sprint After Dish Pulls Out

Wednesday, 19 Jun 2013 10:25 AM

Japan's SoftBank Corp.cleared a major hurdle in its attempt to buy U.S. wireless provider Sprint Nextel Corp, as rival b . . .

Obama to Call for Huge Cuts in Nuclear Arsenal in Berlin Speech

Wednesday, 19 Jun 2013 06:13 AM

President Barack Obama will use a speech on Wednesday to revive proposals for a world without nuclear arms by targeting  . . .

Ignoring Red States, Obama Has Helped Solidify Divisiveness

Wednesday, 19 Jun 2013 10:01 AM

President Barack Obama's near-complete absence during his presidency from more than 25 percent of the nation's states ha . . .

 
 
NEWSMAX.COM
America's News Page
©  Newsmax Media, Inc.
All Rights Reserved