U.S. Supreme Court
Lower Court Opinion
U.S. Court of Appeals for the Eighth Circuit
Does a plaintiffs APA claim "first accrue" under 28 U.S.C. §2401(a) when an agency issues a rule-regardless of whether that rule injures the plaintiff on that date (as the Eighth Circuit and five other circuits have held)-or when the rule first causes a plaintiff to "suffer legal wrong" or be "adversely affected or aggrieved" (as the Sixth Circuit has held)?
U.S. Chamber files amicus brief urging Supreme Court to recognize that the Administrative Procedure Act’s statute of limitations does not bar newly formed businesses or businesses newly injured by an agency action from challenging such action, as long as it is brought within six years of the date of the business’s legal injury
November 20, 2023
Mark A. Perry, Joshua M. Wesneski, and Mark I. Pinkert of Weil, Gotshal & Manges LLP and the U.S. Chamber Litigation Center served as co-counsel for the Chamber.