Corner Post, Inc. v. Board of Governors of the Federal Reserve System, No. 22-1008

Today, the Supreme Court held in a 6-3 decision that the six-year time limit to challenge a federal agency regulation under the Administrative Procedure Act (APA) does not start to run until the plaintiff is injured by the regulation.

In an opinion authored by Justice Barrett, and joined by Chief Justice Roberts and Justices Thomas, Alito, Gorsuch, and Kavanaugh, the Supreme Court held that an APA claim does not accrue for purposes of Section 2401(a)’s six-year statute of limitations until the plaintiff is injured by the final agency action.  Because Corner Post sued the Federal Reserve Board within six years of being injured, its lawsuit was timely.  Read more.