Justices Warn Of ‘Tsunami’ Of Litigation In Wake Of APA, Chevron Rulings

July 1, 2024
The Supreme Court’s dual rulings expanding the Administrative Procedure Act’s (APA) statute of limitations for challenging EPA and other agencies’ existing rules and eliminating Chevron deference is likely to create a “tsunami” of litigation, opening the door to wide-ranging challenges to long-settled policies. “At the end of a momentous Term, this much is clear: The tsunami of lawsuits against agencies that the Court’s holdings in this case and Loper Bright have authorized has the potential to devastate the...

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