More litigation and likely losses for federal agencies will be the result of the U.S. Supreme Court’s decision Monday that the clock for challenging regulations begins when their harm is felt by the challenger, not when the rules were implemented, regulatory attorneys said in noting a rough week for agencies.
The high court’s statute-of-limitations ruling in Corner Post v. Board of Governors followed the justices’ decision June 28 in Loper Bright Enterprises v. Raimondo upending the Chevron deference doctrine that called on judges to defer to the agencies’ interpretations of their statutory authority when the law was unclear.
