Corner Post Claim Accrual And Lessons From Government Contracts Statutes Of Limitations

Just days after ruling on Loper Bright Enterprises v. Raimondo, the U.S. Supreme Court issued a critical decision that received less attention but drastically changed the landscape for litigation under the Administrative Procedure Act (APA)—at least as it relates to how long a plaintiff has to challenge a regulation or other agency action under the statute of limitations. In Corner Post, Inc. v. Board of Governors of the Federal Reserve System, the Supreme Court determined that for facial challenges to a final agency action (i.e., allegations that a regulation or other agency action is unlawful as written), a plaintiff has a much longer time span to bring her challenge than had previously been interpreted by certain circuit courts.