The Small Business Administration (SBA) violated federal law by imposing conditions for loans under the Paycheck Protection Program (PPP) that were not enacted in the Coronavirus Aid, Relief, and Economic Security Act, H.R. 748, P.L. 115-136 (CARES Act), Judge David Thuma has held. Roman Catholic Church of the Archdiocese of Santa Fe v. United States of America Small Business Administration, No. 20-1026-t (Bankr. D.N.M. May 1, 2020)[D.I. 15].
Does this portend the outcome of future litigation challenging the SBA’s post-statutory rulemaking in connection with PPP?