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Reason
Reason
Politics
Josh Blackman

Turning The Corner Post On Vacatur

I apologize for the delay in writing about Corner Post. I started writing this post in July, and only now had a chance to finish it up before classes start next week.

I think Corner Post was probably the sleeper case of this term with regard to impact. Much ink has been spilled about Loper Bright, and the overruling of Chevron deference. Critically, though, Loper Bright only allows affected parties to challenge new regulations that perhaps deviate from an old regulation. But Corner Post tweaked when APA suits can be filed. Justice Barrett's majority opinion explains that a claim accrues "when the plaintiff is injured by final agency action."

An APA plaintiff does not have a complete and present cause of action until she suffers an injury from final agency action, so the statute of limitations does not begin to run until she is injured.

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