Shortly after issuing its decision in Loper Bright Enterprises v. Raimondo overruling the Chevron doctrine, the Supreme Court issued its decision in Corner Post Inc. v. Board of Governors of the Federal Reserve System, which held that a plaintiff can raise a facial challenge to an agency rule under the catchall federal statute of limitations within six years of being injured by a final rule. The Corner Post decision overturned a relatively well-established consensus among the circuit courts of appeal that the six-year period ran from the publication of the final rule, regardless of when a plaintiff was injured.
Corner Post, in combination with Loper, has altered the fundamental underpinnings of administrative law by reducing the power of agencies to say what statutes mean while simultaneously increasing the ability of plaintiffs to challenge agency interpretations—including agency rules previously validated under Chevron deference. Further, Corner Post’s plaintiff-centric approach to the catchall limitation at issue may prove to have implications for some specific environmental statutes of limitations periods.
Environmental attorneys Chris Leason and Liam Vega Martin share their analysis of the Court’s opinion. Click here to read their in-depth article.
about the authors
Chris Leason is an environmental attorney focusing in the areas of regulatory compliance and civil enforcement defense involving hazardous waste, chemical facility anti-terrorism standards, regulatory enforcement, rulemaking, litigation risk management, and due diligence audits. A nationally recognized Resource Conservation and Recovery Act practitioner, Chris has particular knowledge in the identification and management of solid and hazardous wastes, financial assurance, corrective action, permitting, underground storage tank testing and removal, and land disposal restriction requirements.
Liam Vega Martin works primarily in the firm’s environmental department and commercial litigation practice, emphasizing environmental regulations such as federal compliance with solid and hazardous waste, site assessments, due diligence, and Resource Conservation and Recovery Act and Toxic Substances Control Act rulemakings. He also assists with legal issues across diverse industries, including auto dealer representation, corporate disputes, and trusts and estates.