Statute of Limitations on Challenging Federal Rules Expanded by Supreme Court

The US Supreme Court voted 6-3 on Monday to lay out a new standard that makes it easier for companies and other entities to challenge federal rules, potentially allowing new challenges to regulations that have been in place for decades.

Prior to the decision, any rule issued under the Administrative Procedure Act (APA), which governs the federal rulemaking process and rules issued by hundreds of federal agencies, could be challenged within six years of its finalization. In the new majority opinion, Justice Amy Coney Barrett wrote that an entity instead has six years from the point at which they were affected by a rule to challenge it.

The majority decision destroyed any sense of finality in federal rulemaking, said Justice Ketanji Brown Jackson in a dissent joined by Justices Elena Kagan and Sonia Sotomayor.

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