In Law360, by Andrew Sandler and Benjamin K. Olson Here is an excerpt:
It is not entirely clear whether the Dodd-Frank Act or the [Federal Vacancies Reform Act] controls in these circumstances. The one thing that is clear is that there will be real and significant differences in the operation of the CFPB depending on which statute prevails. For that reason, the administration can be expected to conclude, if at all possible, that the president may appoint an acting director, and those who wish for the CFPB to continue business as usual may seek to challenge any such appointment.
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[I]n the event that the two statutes were found to be in conflict, the Dodd-Frank Act’s specific provision on CFPB succession would arguably control over the FVRA’s more general provisions on vacancies at executive agencies.
