Supreme Court Opens the Door to More Rule Challenges by Extending Accrual Date for APA Cases

The Supreme Court’s ruling in Corner Post that the six-year limitations period for challenges to regulations begins to run only from the date when a plaintiff first suffered damage, not from a rule’s adoption, makes many longstanding federal rules vulnerable. Skadden attorneys Shay Dvoretzky, Parker Rider-Longmaid, Emily Kennedy and Steven Marcus conclude that the decision is likely to make it easier for more parties to challenge agency rules previously considered settled, while also raising other issues for decision by the courts of appeals and possibly the Supreme Court.