Plain-English summary
Says APA suits against the U.S. begin when a plaintiff is injured by final agency action
In Corner Post v. Board of Governors, the Court held that the six-year statute of limitations for suits against the United States under 28 U.S.C. §2401(a) does not begin to run on an Administrative Procedure Act (APA) claim until the plaintiff is injured by the agency’s final action. The Court reversed the Eighth Circuit and sent the case back for further proceedings.
Why this matters
This decision clarifies when the clock starts for challenging federal agency rules under the APA. It affects how and when businesses and individuals can sue federal agencies over regulations — protecting plaintiffs who are injured after a rule is issued from having their claims time-barred simply because the rule was adopted earlier.
Who may feel it
- Businesses and individuals who challenge federal agency rules under the Administrative Procedure Act
- Federal agencies and the Department of Justice defending agency actions
- Courts that must decide whether APA suits are barred by the six-year limitations period
- Regulated industries (e.g., banks, merchants) that may face delayed injury from older rules
Key questions
- When does an APA cause of action accrue for purposes of the six-year statute of limitations in 28 U.S.C. §2401(a)?