Justices Expand APA Deadline For Suits, Bringing Fear Of Litigation ‘Tsunami’

The Supreme Court has held that the Administrative Procedure Act (APA) does not require lawsuits over OSHA and other agencies’ rules and “final agency action” to begin within six years of their promulgation but rather within six years of when a party was first injured by a particular policy -- a precedent that could open the door for a “tsunami” of wide-ranging challenges to long-settled policies. Writing for a 6-3 majority in Corner Post v. Board of Governors of the...