SCOTUS Extends Timeline For Regulated Entities Seeking To Overturn Regulations

SCOTUS Extends Timeline For Regulated Entities Seeking To Overturn Regulations

July 2, 2024, Compliance Week

Kevin King’s commentary was included in a Compliance Week article on the U.S. Supreme Court’s Corner Post decision, which extends the statute of limitations for businesses attempting to challenge certain federal regulations and allows regulated entities a longer timeline to appeal a decision. Kevin discusses how Corner Post and the related Loper Bright decision that overturned the Chevron doctrine will allow regulated parties to “challenge some older regulations under the new, less agency-friendly framework.”

The Corner Post decision “paves the way for a fresh round of litigation challenges to agency regulations, including regulations that may not have been challenged in the past,” he said. The decision is applicable to entities that did not exist when a regulation was adopted, and in courts that have not already adjudicated challenges to that regulation, he added. Kevin also noted that “for example, if an Interior Department regulation was upheld by the Sixth Circuit in 1995, Corner Post might allow a new Texas-based business to challenge that regulation in 2025 in the Fifth Circuit.” 

Click here to read the full article.