'Should I Sue?': Navigating the New APA Landscape With Latham's Phil Perry and Andrew Prins
With the Supreme Court handing down two blockbuster APA decisions at the end of last term, federal agencies and private companies are adjusting to the new lay of the land.
July 18, 2024 at 07:30 AM
8 minute read
The end of any U.S. Supreme Court term tends to be where the action is. But if you're a lawyer who deals with Administrative Procedure Act issues, the end of this term was a true doozy.
First the court handed down Loper Bright Enterprises v. Raimondo—doing away with Chevron deference. Then, in Corner Post Inc. v. Board of Governors of the Federal Reserve System, the court held that the APA's 6-year statute of limitations doesn't start ticking until a party is injured by a final agency action.
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