What is the standard for a County to affirmatively further review its application for a motion to amend its application?
MultiRegion, United States of America
The following excerpt is from Cnty. of Westchester v. U.S. Dep't of Hous. & Urban Dev., No. 13-3087-cv (2nd Cir. 2013):
We need not decide whether "affirmatively further" sets a meaningful standard for review. Even assuming that it does, the County has not demonstrated a likelihood of success on the merits. To meet this requirement, "[i]t is not enough that the chance of success on the merits be better than negligible." Nken v. Holder, 556 U.S. 418, 434 (2009) (quotation marks omitted). Here, the County is unlikely to succeed on the merits.
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