The Federal Reserve faces new challenges; in addition to the Trump administration, the banking industry and business groups have filed lawsuits regarding stress tests
The banking industry and business groups in Ohio have filed a lawsuit against the Federal Reserve, demanding greater transparency in stress test rules and allowing public participation. The lawsuit claims that the design process for the Federal Reserve's testing standards lacks transparency, leading to fluctuations in bank capital requirements that affect the cost of financial services. The groups represent firms including JPMorgan Chase and Goldman Sachs, arguing that the Federal Reserve should seek public input before implementing new models. This lawsuit was filed after the Federal Reserve announced reforms to the stress testing process, aiming to improve the volatility of capital requirements
On Tuesday, the banking industry and business groups sued the Federal Reserve over its annual stress tests, stating that they seek to increase transparency in rule-making and allow public participation in the process.
Groups including the Bank Policy Institute and the American Bankers Association filed a federal lawsuit on Tuesday in Columbus, Ohio, requesting the court to rule that the Federal Reserve's stress test models and scenarios for 2024, as well as those for 2025 and 2026, are illegal. These groups also demand that the Federal Reserve allow public comments before implementing these models.
The lawsuit claims that the Federal Reserve has kept the design process of the testing standards confidential, resulting in erratic and unexplained bank capital requirements and restrictions, which are affecting the cost of financial services in the U.S.:
The lack of transparency from the Federal Reserve Board has led to significant and unpredictable fluctuations in bank capital requirements. This, in turn, undermines banks' ability to efficiently allocate capital, including lending to small businesses and other entities that are crucial for U.S. economic growth and job creation.
These groups cited the process surrounding the Basel III proposal last year, highlighting the value of public notice and comment. The lawsuit states that the final Basel III proposal faced severe criticism, and Federal Reserve officials promised substantial adjustments to the rule parameters, while the stress testing process has failed to provide similar transparency.
A Federal Reserve spokesperson declined to comment.
The groups in the lawsuit represent companies including JPMorgan Chase, Goldman Sachs, and Bank of America. They acknowledge that the Federal Reserve has announced plans to adjust this process, but certain procedures have legal deadlines (February 2025), necessitating timely litigation. This lawsuit comes after the Federal Reserve announced plans to reform the stress testing process on Monday, aimed at smoothing some of the fluctuations in capital requirements between years.
The Federal Reserve's stress tests, implemented after the global financial crisis, serve as an annual check on the health of banks, assessing how lending institutions perform under hypothetical economic recession scenarios. According to the proposed reform plan by the Federal Reserve, test results will be averaged over two years, and public input will be sought before finalizing hypothetical scenarios each year. The Federal Reserve stated it plans to begin the public comment process on potential changes early next year.
The Federal Reserve is facing a changing legal environment and shifts in the administrative law framework. It is under pressure from the incoming Trump administration and bankers to adopt a more lenient regulatory approach. Earlier this year, the U.S. Supreme Court limited the authority of regulators to interpret laws, further impacting the Federal Reserve's policy framework.
Wall Street executives and related industry organizations have long criticized the Federal Reserve's capital requirements, particularly the Basel III Endgame proposed by the Federal Reserve and two other major regulators last year, which has sparked strong opposition.
JPMorgan CEO Jamie Dimon called for a detailed review and possible overhaul of the bank regulatory process in his annual letter to shareholders this year, but he also acknowledged that this is an idealistic notionDimon has repeatedly stated that annual stress tests may create a false sense of security. He compared the current system to "additional fragmented policies, layered on top of each other" at a meeting in May.
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