Old Regs: The Default Six-Year Time Bar for Administrative Procedure Claims

Old regs should not be subject indefinitely to litigation that seeks to validate the public right to legal administrative procedure. Instead, the six-year limitations period under 28 U.S.C. § 2401(a) should accrue for an administrative procedure claim when an agency promulgates a regulation, making all of the elements of the claim available and common to all plaintiffs. The Supreme Court should confirm this result when it considers accrual timing under 28 U.S.C. § 2401(a) this Term in Corner Post, Inc. v. Federal Reserve. If the government delays a claim despite the diligence of available plaintiffs, courts can use equity to provide appropriate adjustments.