U.S. Supreme Court

Case Status

Docket Number


2023 Term


Questions Presented

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)?

Case Updates

Supreme Court holds that a business may bring an Administrative Procedure Act suit challenging an agency action within six years of the date of its first legal injury

July 01, 2024


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

U.S. Chamber Amicus Brief

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.

Case Documents