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Administrative/Regulatory

Jul. 22, 2024

Unsettling the regulatory landscape: The dangers of Corner Post

The Supreme Court has ruled that a plaintiff's right to challenge a regulation as facially invalid accrues when the regulation first adversely affects that particular plaintiff, rather than when the regulation becomes final. This decision has enormous potential to disrupt the stability of the regulatory landscape, as it essentially obviates the applicable statute of limitations.

Nicolas Sansone

Attorney, Public Citizen Litigation Group

Shutterstock

On the last day of a Supreme Court term packed with blockbuster cases involving gun rights, reproductive freedom, and presidential immunity, the Court issued its decision in Corner Post v. Board of Governors of the Federal Reserve System, an administrative law case that had previously drawn comparatively little notice. Although Corner Post resolved a discrete matter of statutory interpretation, the decision has e...

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