Commonwealth of Pennsylvania, Department of Environmental Resources v. Federal Deposit Insurance Corporation

ALTIMARI, Circuit Judge:

Petitioner Department of Environmental Resources of the Commonwealth of Pennsylvania (“Pennsylvania” or “DER”) petitions the Court pursuant to 12 U.S.C. § 1821(f)(4) for review of the denial by respondent Federal Deposit Insurance Corporation in its corporate capacity (“FDIC”), of DER’s claim for insurance on an account maintained in a failed savings institution. Despite DER’s petition, both parties insist that the Court lacks jurisdiction.

We agree with the parties that where, as here, FDIC has failed to establish procedures for resolving a dispute over a claim for…