SCOTUS FACILITATES CHALLENGES TO AGENCY LAW

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WASHINGTON, DC (July 01, 2024) - Today, the Supreme Court of the United States published their decision in Corner Post v. Board of Governors of the Federal Reserve System, in which they ruled that the six-year statute of limitations to challenge an agency regulation begins when a party is first harmed by the regulation. Prior to this decision, the statute of limitations had begun when the regulation was first published. As a result, a newly formed company appears to have the capacity to challenge any regulation that has an impact on it, regardless of how long ago the regulation was created. The New York Times’ article on Corner Post is available here.

Viewed in combination with the Supreme Court’s decision in Loper Bright, (released last week), the judiciary has empowered private plaintiffs to challenge administrative policies which have been in place for decades.

These two rulings combine to set forth a staggering rebuke to the administrative state’s power and the tradition of judicial deference that has permeated the last 40 years of agency law and litigation.

Discussing the impact of these two landmark decisions, CRA’s Executive Director Mike Copperman said: “These two landmark decisions represent a vast sea change in the regulatory and legislative space in which we operate. CRA will continue to devote our full resources towards capitalizing on these positive developments in service of protecting adults’ right to enjoy a hand-rolled premium cigar.”

In the coming days, CRA will be providing more updates as we study and strategize around these two landmark decisions.