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Supreme Court Rules 6-3 in Corner Post Case, Barrett Extends 6-Year Statute of Limitations for Agency Challenges

Jul 1, 2024, 02:02 PM

The U.S. Supreme Court has delivered its first decision in the case of Corner Post v. Board of Governors of the Federal Reserve, ruling in a 6-3 vote. The majority opinion, written by Justice Barrett, holds that the six-year statute of limitations for challenging federal agency regulations does not begin until a plaintiff is injured by the final agency action. This decision effectively allows plaintiffs to challenge agency actions long after they have been finalized. Justices Sotomayor, Kagan, and Jackson dissented, with Jackson noting in her dissent that this ruling implies there is no longer any limitations period for lawsuits challenging agency regulations on their face. The case, identified as No. 22-1008, has significant implications for the application of the Administrative Procedure Act (APA) and follows the overruling of Chevron.