One Year After Corner Post, Has The Litigation Tsunami Arrived?

Just over a year ago, the Supreme Court issued its opinion in Corner Post, Inc. v. Board of Governors of the Federal Reserve System, establishing that an Administrative Procedure Act (APA) claim "accrues" under 28 U.S.C. § 2401 when a plaintiff first experiences injury rather than when the agency action occurs. A plaintiff may thus challenge agency action — such as a regulation — more than six years after the agency action is issued, so long as the plaintiff was first injured by the action within the previous six years. We covered Corner Post in a July 2024 Advisory soon after the opinion came down, including Justice Jackson's warning in dissent that a "tsunami of lawsuits against agencies" would follow. The decision marked a major shift in the law and potentially exposed countless regulations to challenge. But has that shift had major practical effects?