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Supreme Court Decides That Parties May Facially Challenge Regs – No Matter How Old – Within Six Years of Injury
Wiley Rein LLP
July 8, 2024 "By holding that accrual occurs when the party seeking to challenge final agency action is first injured by it, the Court has opened the courthouse doors to parties who have been newly injured by old regulations ... This means that regulations that are reviewable under the APA may always be subject to direct, facial challenge, so long as someone has newly experienced an injury from the regulation." [Corner Post v. Bd. of Gov. of the Federal Reserve System, No. 22-1008 (S. Ct. Jul. 1, 2024)] MORE >> |
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