In another notable 6-3 decision following the end of Chevron deference, the Supreme Court of the United States on July 1, 2024, reiterated that suits against federal agencies challenging an agency rule begin to accrue when a litigant is injured, and not when the rule is first codified.

The importance of timing was at issue in Corner Post, Inc. v. Board of Governors of the Federal Reserve System.  The Corner Post opinion makes clear that the six-year statute of limitations for suits against the federal government is plaintiff-specific, and begins to run as against a federal agency only once the particular plaintiff at issue is injured by a final agency action.  This stands in stark contrast to the federal government’s position in Corner Post, which would have the six-year limitations period run from the moment an agency rule becomes final—and therefore would prevent all claims from any claimant if not brought within six years of that final promulgation.

Corner Post holds open the door to claims challenging federal agency rules.  Its focus on prospective claimants means that plaintiffs injured by a federal agency rule can still file suit against the agency long after the rule’s promulgation, so long as that particular plaintiff has done so within six years of his or her particular injury.  For now, interested persons should note that Corner Post can mean a new pathway to relief from regulatory impacts.  Further resources from our offices discussing the Corner Post opinion in more detail, and discussing the changing federal administrative landscape in light of Corner Post and other significant 2024 opinions of the Supreme Court, are forthcoming.