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

Abstract

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.