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Administrative/Regulatory,
Civil Litigation,
U.S. Supreme Court

Jul. 12, 2024

Supreme Court ruling could alter established regulatory landscape

The US Supreme Court has ruled that the statute of limitations for challenging an administrative regulation begins when the plaintiff is injured, rather than when the regulation is adopted. This decision, which applies to federal agencies, could have downstream effects on state regulations, potentially leading to increased challenges to final agency actions.

Brett W. Johnson

Partner, Snell & Wilmer LLP

Ryan P. Hogan

Associate, Snell & Wilmer LLP

Charlene A. Warner

Associate, Snell & Wilmer LLP

Shutterstock

Among the flurry of high-profile administrative law cases resolved by the United States Supreme Court over the last several weeks, it would have been easy to miss what could become one of this term’s most significant. Corner Post, Inc. v. Board of Governors of the Federal Reserve System posed a simple question: for purposes of determining when a cause of action is barred by the statute of limitations, does the clock for bringing a facial ch...

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