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According to media reports, Director Kraninger has submitted her resignation to President Biden. President Biden
has nominated Rohit Chopra to serve as the CFPB’s next Director and is expected to appoint an individual to serve as Acting Director pending Mr. Chopra’s confirmation by the Senate.
Several media reports have indicated that Mr. Chopra could serve as Acting CFPB Director while his nomination is pending Senate confirmation. In our view, however, the Federal Vacancies Reform Act (FVRA), the law that addresses who can serve as an acting officer when there is a vacancy in a position requiring Senate confirmation, does not allow Mr. Chopra to serve as Acting Director while he is President Biden’s nominee for Director.
While the Dodd-Frank Act specifies that the CFPB’s deputy director is supposed to lead the agency when it has no Senate-confirmed leader, a federal judge ruled that the Vacancies Act could be used to override that provision. English appealed, but dropped her lawsuit and resigned from the bureau after Trump nominated current CFPB Director Kathy Kraninger in June 2018.
Biden is expected to fire Kraninger, a Republican, if she doesn’t resign before he takes office and can do so thanks to another precedent Trump helped set. The Justice Department and CFPB backed a challenge to the agency’s constitutionality that the Supreme Court resolved in June by striking a provision from Dodd-Frank that limits when the president can fire the CFPB director.
If he’s confirmed as director of the Consumer Financial Protection Bureau, Rohit Chopra is expected to move quickly to undo Trump policies and address the pandemic’s impact on consumers. Some experts say he may even get the job on an interim basis before Congress acts.
As Greg Larson begins a new position with the Bureau of Land Management, representing Eagle County, the work he performed in his former position is being challenged in federal court.
In an effort to “align the BLM Colorado’s fire units to improve public and wildland firefighter safety, as well as create more efficient, logical geographic, and geopolitical boundaries,” the Bureau of Land Management realigned its district boundaries in Colorado in the fall of 2020, creating a new Upper Colorado River District, which encompasses all of Eagle County.
Larson was named the district manager for the new Upper Colorado River District, and begins the position on Monday. Larson will be stationed in Grand Junction.