Earthjustice Supports New Legislation to Safeguard Federal Protections and Reverse Damaging Corner Post Supreme Court Decision

Recent Supreme Court decision exposes federal protections to tidal wave of industry litigation attacking long-standing public protections


Geoffrey Nolan,

Today, U.S. House Judiciary Committee Ranking Member Jerrold Nadler and U.S. Rep. Lou Correa introduced the Corner Post Reversal Act. The legislation is a direct response to the recent decision from the U.S. Supreme Court in Corner Post Inc. v. Board of Governors that gutted the statute of limitations governing challenges to federal rules in the Administrative Procedure Act, allowing virtually anyone to challenge a federal rule into perpetuity. The bill would amend the Administrative Procedure Act, clarifying the statute of limitations of six years for judicial review of a final agency rule. Additionally, the bill would shield well-established federal rules from new challenges stemming from the Corner Post decision.

After the introduction, Earthjustice Vice President of Policy and Legislation Raúl García issued the following statement:

“The Corner Post decision, coupled with the Court ending Chevron deference in the Loper/Relentless decision, is an unprecedented attack on the federal government’s ability to protect people and the environment they depend on. These decisions aim to debilitate the government’s ability to regulate harmful — often toxic — pollution while making it easier for industry to block environmental protections. The Court invited dirty industry to challenge existing protections that have safeguarded our air, water, and health for decades. A strong congressional response to correct this decision is imperative. We thank Ranking Member Nadler, Rep. Correa, and other Members of Congress working to reverse this damaging decision and block extreme deregulatory forces that seek to undermine the safeguards we rely upon to protect our communities and health.”

The U.S. Supreme Court.
The U.S. Supreme Court. (Shutterstock)

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