Press Releases

Ranking Members Nadler and Correa Introduce the Corner Post Reversal Act to Strengthen and Support Critical Work of Public Agencies

The Corner Post Reversal Act would return to the longstanding understanding that challenges to agency actions must happen within six years after the action was finalized, and protects our public agencies, consumers, labor, and the environment from unprecedented uncertainty and unnecessary, drawn out, and costly challenges that will burden the courts.

Washington, July 11, 2024
 

Washington, DC – Today, in response to the Supreme Court’s decision in Corner Post v. Board of Governors of the Federal Reserve System, House Judiciary Committee Ranking Member Jerrold Nadler and Subcommittee on Administrative Law, Regulatory Reform, and Antitrust Ranking Member Lou Correa introduced the Corner Post Reversal Act.

 

In Corner Post, the Supreme Court struck down the statute of limitations in the Administrative Procedure Act (APA), thereby allowing anyone, at any time, to seek judicial review of public agency rules. This decision upended the previous safeguards provided under the law, and long followed by federal courts by requiring challenges to be brought within six years of the rule’s enactment.

 

Corner Post destabilizes public agencies’ ability to craft rules that protect everyday Americans and bring certainty to small businesses by permitting challenges to those rules well after the six years have passed and companies, states, local communities, and individuals have adjusted to them. Corner Post would, for example, allow new businesses to be continually formed with the sole purpose of claiming harm that would justify a judicial challenge to a rule.

 

“The Corner Post decision was an erroneous and power-hungry move by the MAGA majority on the court, that was intentionally dismissive of the will of Congress expressed in the Administrative Procedure Act. The Court has opened the floodgates to allow big corporations and private interests to object and challenge common-sense rules that protect our air, water, land, environment, food, medicines, labor, and children,” Ranking Member Nadler said.

 

“By overturning precedent and getting rid of the longstanding six-year statute of limitations of the Administration Procedure Act, the Supreme Court undermined clear Congressional intent and opened the door to unlimited challenges that may overburden our judicial system while harming Americans and small businesses,” Subcommittee Ranking Member Correa said.

 

The Corner Post Reversal Act reverses these harmful effects by affirming and reestablishing a limit to when private interests and big corporations can challenge rules that safeguard consumers, our workforce, and the environment.

 

Specifically, the Corner Post Reversal Act:

  • Reestablishes the statute of limitations found within Section 702 of the APA;
  • Clarifies congressional intent that agency rules must be challenged within six years after being finalized;
  • Codifies that the right to seek judicial review accrues under the APA when the agency finalizes the rule;
  • Protects well-developed and scientifically-based agency actions from attacks by private interests, thereby assuring protections for consumers, the workforce, and our environment; and
  • Assures that our courts are not flooded or strained by claims by actions commenced after the six years following the agency action.

“This bill, in conjunction with the Stop Corporate Capture Act,” said Nadler, “addresses the need to protect longstanding and long-working rules established by administrative agencies and protect our federal system from arbitrary and frivolous attacks that would have been welcomed under the Corner Post holding.”

 

“This piece of legislation is an important and essential step in reestablishing the certainty that comes from the finality that the six-year limitation provided. As a result, rules that protect everyday Americans are now perpetually in jeopardy,” said Rep. Correa.

 

The bill is cosponsored by Reps. Eleanor Holmes Norton (D-DC), Pramila Jayapal (D-WA), Nikema Williams (D-GA), Nanette Barragán (D-CA), Summer Lee (D-PA), and Mary Gay Scanlon (D-PA).

 

“Public agencies exist to create rules and implement laws that protect the American people and their families from unsafe working conditions, dangerous food and drug products, and polluted water and air. But because of the Supreme Court’s egregious Corner Post ruling, big corporations, special interests, and their wealthy allies will have an easier time challenging long-standing safeguards in court. It is imperative that our public agencies are able to enact measures to keep all Americans safe and healthy without being subject to constant lawsuits from bad actors. That’s why I’m supporting this legislation to restore agencies’ ability to enforce laws and do their jobs to protect people across the country,” said Rep. Jayapal.

 

This bill is supported by Small Business Majority, Earth Justice, Coalition for Sensible Safeguards, and Center for American Progress.

The full bill text is available here. 

Washington, DC – Today, in response to the Supreme Court’s decision in Corner Post v. Board of Governors of the Federal Reserve System, House Judiciary Committee Ranking Member Jerrold Nadler and Subcommittee on Administrative Law, Regulatory Reform, and Antitrust Ranking Member Lou Correa introduced the Corner Post Reversal Act.

 

In Corner Post, the Supreme Court struck down the statute of limitations in the Administrative Procedure Act (APA), thereby allowing anyone, at any time, to seek judicial review of public agency rules. This decision upended the previous safeguards provided under the law, and long followed by federal courts by requiring challenges to be brought within six years of the rule’s enactment.

 

Corner Post destabilizes public agencies’ ability to craft rules that protect everyday Americans and bring certainty to small businesses by permitting challenges to those rules well after the six years have passed and companies, states, local communities, and individuals have adjusted to them. Corner Post would, for example, allow new businesses to be continually formed with the sole purpose of claiming harm that would justify a judicial challenge to a rule.

 

“The Corner Post decision was an erroneous and power-hungry move by the MAGA majority on the court, that was intentionally dismissive of the will of Congress expressed in the Administrative Procedure Act. The Court has opened the floodgates to allow big corporations and private interests to object and challenge common-sense rules that protect our air, water, land, environment, food, medicines, labor, and children,” Ranking Member Nadler said.

 

“By overturning precedent and getting rid of the longstanding six-year statute of limitations of the Administration Procedure Act, the Supreme Court undermined clear Congressional intent and opened the door to unlimited challenges that may overburden our judicial system while harming Americans and small businesses,” Subcommittee Ranking Member Correa said.

 

The Corner Post Reversal Act reverses these harmful effects by affirming and reestablishing a limit to when private interests and big corporations can challenge rules that safeguard consumers, our workforce, and the environment.

 

Specifically, the Corner Post Reversal Act:

  • Reestablishes the statute of limitations found within Section 702 of the APA;
  • Clarifies congressional intent that agency rules must be challenged within six years after being finalized;
  • Codifies that the right to seek judicial review accrues under the APA when the agency finalizes the rule;
  • Protects well-developed and scientifically-based agency actions from attacks by private interests, thereby assuring protections for consumers, the workforce, and our environment; and
  • Assures that our courts are not flooded or strained by claims by actions commenced after the six years following the agency action.

“This bill, in conjunction with the Stop Corporate Capture Act,” said Nadler, “addresses the need to protect longstanding and long-working rules established by administrative agencies and protect our federal system from arbitrary and frivolous attacks that would have been welcomed under the Corner Post holding.”

 

“This piece of legislation is an important and essential step in reestablishing the certainty that comes from the finality that the six-year limitation provided. As a result, rules that protect everyday Americans are now perpetually in jeopardy,” said Rep. Correa.

 

The bill is cosponsored by Reps. Eleanor Holmes Norton (D-DC), Pramila Jayapal (D-WA), Nikema Williams (D-GA), Nanette Barragán (D-CA), Summer Lee (D-PA), and Mary Gay Scanlon (D-PA).

 

“Public agencies exist to create rules and implement laws that protect the American people and their families from unsafe working conditions, dangerous food and drug products, and polluted water and air. But because of the Supreme Court’s egregious Corner Post ruling, big corporations, special interests, and their wealthy allies will have an easier time challenging long-standing safeguards in court. It is imperative that our public agencies are able to enact measures to keep all Americans safe and healthy without being subject to constant lawsuits from bad actors. That’s why I’m supporting this legislation to restore agencies’ ability to enforce laws and do their jobs to protect people across the country,” said Rep. Jayapal.

 

This bill is supported by Small Business Majority, Earth Justice, Coalition for Sensible Safeguards, and Center for American Progress.

Washington, DC – Today, in response to the Supreme Court’s decision in Corner Post v. Board of Governors of the Federal Reserve System, House Judiciary Committee Ranking Member Jerrold Nadler and Subcommittee on Administrative Law, Regulatory Reform, and Antitrust Ranking Member Lou Correa introduced the Corner Post Reversal Act.

 

In Corner Post, the Supreme Court struck down the statute of limitations in the Administrative Procedure Act (APA), thereby allowing anyone, at any time, to seek judicial review of public agency rules. This decision upended the previous safeguards provided under the law, and long followed by federal courts by requiring challenges to be brought within six years of the rule’s enactment.

 

Corner Post destabilizes public agencies’ ability to craft rules that protect everyday Americans and bring certainty to small businesses by permitting challenges to those rules well after the six years have passed and companies, states, local communities, and individuals have adjusted to them. Corner Post would, for example, allow new businesses to be continually formed with the sole purpose of claiming harm that would justify a judicial challenge to a rule.

 

“The Corner Post decision was an erroneous and power-hungry move by the MAGA majority on the court, that was intentionally dismissive of the will of Congress expressed in the Administrative Procedure Act. The Court has opened the floodgates to allow big corporations and private interests to object and challenge common-sense rules that protect our air, water, land, environment, food, medicines, labor, and children,” Ranking Member Nadler said.

 

“By overturning precedent and getting rid of the longstanding six-year statute of limitations of the Administration Procedure Act, the Supreme Court undermined clear Congressional intent and opened the door to unlimited challenges that may overburden our judicial system while harming Americans and small businesses,” Subcommittee Ranking Member Correa said.

 

The Corner Post Reversal Act reverses these harmful effects by affirming and reestablishing a limit to when private interests and big corporations can challenge rules that safeguard consumers, our workforce, and the environment.

 

Specifically, the Corner Post Reversal Act:

  • Reestablishes the statute of limitations found within Section 702 of the APA;
  • Clarifies congressional intent that agency rules must be challenged within six years after being finalized;
  • Codifies that the right to seek judicial review accrues under the APA when the agency finalizes the rule;
  • Protects well-developed and scientifically-based agency actions from attacks by private interests, thereby assuring protections for consumers, the workforce, and our environment; and
  • Assures that our courts are not flooded or strained by claims by actions commenced after the six years following the agency action.

“This bill, in conjunction with the Stop Corporate Capture Act,” said Nadler, “addresses the need to protect longstanding and long-working rules established by administrative agencies and protect our federal system from arbitrary and frivolous attacks that would have been welcomed under the Corner Post holding.”

 

“This piece of legislation is an important and essential step in reestablishing the certainty that comes from the finality that the six-year limitation provided. As a result, rules that protect everyday Americans are now perpetually in jeopardy,” said Rep. Correa.

 

The bill is cosponsored by Reps. Eleanor Holmes Norton (D-DC), Pramila Jayapal (D-WA), Nikema Williams (D-GA), Nanette Barragán (D-CA), Summer Lee (D-PA), and Mary Gay Scanlon (D-PA).

 

“Public agencies exist to create rules and implement laws that protect the American people and their families from unsafe working conditions, dangerous food and drug products, and polluted water and air. But because of the Supreme Court’s egregious Corner Post ruling, big corporations, special interests, and their wealthy allies will have an easier time challenging long-standing safeguards in court. It is imperative that our public agencies are able to enact measures to keep all Americans safe and healthy without being subject to constant lawsuits from bad actors. That’s why I’m supporting this legislation to restore agencies’ ability to enforce laws and do their jobs to protect people across the country,” said Rep. Jayapal.

 

This bill is supported by Small Business Majority, Earth Justice, Coalition for Sensible Safeguards, and Center for American Progress.

Washington, DC – Today, in response to the Supreme Court’s decision in Corner Post v. Board of Governors of the Federal Reserve System, House Judiciary Committee Ranking Member Jerrold Nadler and Subcommittee on Administrative Law, Regulatory Reform, and Antitrust Ranking Member Lou Correa introduced the Corner Post Reversal Act.

 

In Corner Post, the Supreme Court struck down the statute of limitations in the Administrative Procedure Act (APA), thereby allowing anyone, at any time, to seek judicial review of public agency rules. This decision upended the previous safeguards provided under the law, and long followed by federal courts by requiring challenges to be brought within six years of the rule’s enactment.

 

Corner Post destabilizes public agencies’ ability to craft rules that protect everyday Americans and bring certainty to small businesses by permitting challenges to those rules well after the six years have passed and companies, states, local communities, and individuals have adjusted to them. Corner Post would, for example, allow new businesses to be continually formed with the sole purpose of claiming harm that would justify a judicial challenge to a rule.

 

“The Corner Post decision was an erroneous and power-hungry move by the MAGA majority on the court, that was intentionally dismissive of the will of Congress expressed in the Administrative Procedure Act. The Court has opened the floodgates to allow big corporations and private interests to object and challenge common-sense rules that protect our air, water, land, environment, food, medicines, labor, and children,” Ranking Member Nadler said.

 

“By overturning precedent and getting rid of the longstanding six-year statute of limitations of the Administration Procedure Act, the Supreme Court undermined clear Congressional intent and opened the door to unlimited challenges that may overburden our judicial system while harming Americans and small businesses,” Subcommittee Ranking Member Correa said.

 

The Corner Post Reversal Act reverses these harmful effects by affirming and reestablishing a limit to when private interests and big corporations can challenge rules that safeguard consumers, our workforce, and the environment.

 

Specifically, the Corner Post Reversal Act:

  • Reestablishes the statute of limitations found within Section 702 of the APA;
  • Clarifies congressional intent that agency rules must be challenged within six years after being finalized;
  • Codifies that the right to seek judicial review accrues under the APA when the agency finalizes the rule;
  • Protects well-developed and scientifically-based agency actions from attacks by private interests, thereby assuring protections for consumers, the workforce, and our environment; and
  • Assures that our courts are not flooded or strained by claims by actions commenced after the six years following the agency action.

“This bill, in conjunction with the Stop Corporate Capture Act,” said Nadler, “addresses the need to protect longstanding and long-working rules established by administrative agencies and protect our federal system from arbitrary and frivolous attacks that would have been welcomed under the Corner Post holding.”

 

“This piece of legislation is an important and essential step in reestablishing the certainty that comes from the finality that the six-year limitation provided. As a result, rules that protect everyday Americans are now perpetually in jeopardy,” said Rep. Correa.

 

The bill is cosponsored by Reps. Eleanor Holmes Norton (D-DC), Pramila Jayapal (D-WA), Nikema Williams (D-GA), Nanette Barragán (D-CA), Summer Lee (D-PA), and Mary Gay Scanlon (D-PA).

 

“Public agencies exist to create rules and implement laws that protect the American people and their families from unsafe working conditions, dangerous food and drug products, and polluted water and air. But because of the Supreme Court’s egregious Corner Post ruling, big corporations, special interests, and their wealthy allies will have an easier time challenging long-standing safeguards in court. It is imperative that our public agencies are able to enact measures to keep all Americans safe and healthy without being subject to constant lawsuits from bad actors. That’s why I’m supporting this legislation to restore agencies’ ability to enforce laws and do their jobs to protect people across the country,” said Rep. Jayapal.

 

This bill is supported by Small Business Majority, Earth Justice, Coalition for Sensible Safeguards, and Center for American Progress.

Washington, DC – Today, in response to the Supreme Court’s decision in Corner Post v. Board of Governors of the Federal Reserve System, House Judiciary Committee Ranking Member Jerrold Nadler and Subcommittee on Administrative Law, Regulatory Reform, and Antitrust Ranking Member Lou Correa introduced the Corner Post Reversal Act.

 

In Corner Post, the Supreme Court struck down the statute of limitations in the Administrative Procedure Act (APA), thereby allowing anyone, at any time, to seek judicial review of public agency rules. This decision upended the previous safeguards provided under the law, and long followed by federal courts by requiring challenges to be brought within six years of the rule’s enactment.

 

Corner Post destabilizes public agencies’ ability to craft rules that protect everyday Americans and bring certainty to small businesses by permitting challenges to those rules well after the six years have passed and companies, states, local communities, and individuals have adjusted to them. Corner Post would, for example, allow new businesses to be continually formed with the sole purpose of claiming harm that would justify a judicial challenge to a rule.

 

“The Corner Post decision was an erroneous and power-hungry move by the MAGA majority on the court, that was intentionally dismissive of the will of Congress expressed in the Administrative Procedure Act. The Court has opened the floodgates to allow big corporations and private interests to object and challenge common-sense rules that protect our air, water, land, environment, food, medicines, labor, and children,” Ranking Member Nadler said.

 

“By overturning precedent and getting rid of the longstanding six-year statute of limitations of the Administration Procedure Act, the Supreme Court undermined clear Congressional intent and opened the door to unlimited challenges that may overburden our judicial system while harming Americans and small businesses,” Subcommittee Ranking Member Correa said.

 

The Corner Post Reversal Act reverses these harmful effects by affirming and reestablishing a limit to when private interests and big corporations can challenge rules that safeguard consumers, our workforce, and the environment.

 

Specifically, the Corner Post Reversal Act:

  • Reestablishes the statute of limitations found within Section 702 of the APA;
  • Clarifies congressional intent that agency rules must be challenged within six years after being finalized;
  • Codifies that the right to seek judicial review accrues under the APA when the agency finalizes the rule;
  • Protects well-developed and scientifically-based agency actions from attacks by private interests, thereby assuring protections for consumers, the workforce, and our environment; and
  • Assures that our courts are not flooded or strained by claims by actions commenced after the six years following the agency action.

“This bill, in conjunction with the Stop Corporate Capture Act,” said Nadler, “addresses the need to protect longstanding and long-working rules established by administrative agencies and protect our federal system from arbitrary and frivolous attacks that would have been welcomed under the Corner Post holding.”

 

“This piece of legislation is an important and essential step in reestablishing the certainty that comes from the finality that the six-year limitation provided. As a result, rules that protect everyday Americans are now perpetually in jeopardy,” said Rep. Correa.

 

The bill is cosponsored by Reps. Eleanor Holmes Norton (D-DC), Pramila Jayapal (D-WA), Nikema Williams (D-GA), Nanette Barragán (D-CA), Summer Lee (D-PA), and Mary Gay Scanlon (D-PA).

 

“Public agencies exist to create rules and implement laws that protect the American people and their families from unsafe working conditions, dangerous food and drug products, and polluted water and air. But because of the Supreme Court’s egregious Corner Post ruling, big corporations, special interests, and their wealthy allies will have an easier time challenging long-standing safeguards in court. It is imperative that our public agencies are able to enact measures to keep all Americans safe and healthy without being subject to constant lawsuits from bad actors. That’s why I’m supporting this legislation to restore agencies’ ability to enforce laws and do their jobs to protect people across the country,” said Rep. Jayapal.

 

This bill is supported by Small Business Majority, Earth Justice, Coalition for Sensible Safeguards, and Center for American Progress.

Washington, DC – Today, in response to the Supreme Court’s decision in Corner Post v. Board of Governors of the Federal Reserve System, House Judiciary Committee Ranking Member Jerrold Nadler and Subcommittee on Administrative Law, Regulatory Reform, and Antitrust Ranking Member Lou Correa introduced the Corner Post Reversal Act.

 

In Corner Post, the Supreme Court struck down the statute of limitations in the Administrative Procedure Act (APA), thereby allowing anyone, at any time, to seek judicial review of public agency rules. This decision upended the previous safeguards provided under the law, and long followed by federal courts by requiring challenges to be brought within six years of the rule’s enactment.

 

Corner Post destabilizes public agencies’ ability to craft rules that protect everyday Americans and bring certainty to small businesses by permitting challenges to those rules well after the six years have passed and companies, states, local communities, and individuals have adjusted to them. Corner Post would, for example, allow new businesses to be continually formed with the sole purpose of claiming harm that would justify a judicial challenge to a rule.

 

“The Corner Post decision was an erroneous and power-hungry move by the MAGA majority on the court, that was intentionally dismissive of the will of Congress expressed in the Administrative Procedure Act. The Court has opened the floodgates to allow big corporations and private interests to object and challenge common-sense rules that protect our air, water, land, environment, food, medicines, labor, and children,” Ranking Member Nadler said.

 

“By overturning precedent and getting rid of the longstanding six-year statute of limitations of the Administration Procedure Act, the Supreme Court undermined clear Congressional intent and opened the door to unlimited challenges that may overburden our judicial system while harming Americans and small businesses,” Subcommittee Ranking Member Correa said.

 

The Corner Post Reversal Act reverses these harmful effects by affirming and reestablishing a limit to when private interests and big corporations can challenge rules that safeguard consumers, our workforce, and the environment.

 

Specifically, the Corner Post Reversal Act:

  • Reestablishes the statute of limitations found within Section 702 of the APA;
  • Clarifies congressional intent that agency rules must be challenged within six years after being finalized;
  • Codifies that the right to seek judicial review accrues under the APA when the agency finalizes the rule;
  • Protects well-developed and scientifically-based agency actions from attacks by private interests, thereby assuring protections for consumers, the workforce, and our environment; and
  • Assures that our courts are not flooded or strained by claims by actions commenced after the six years following the agency action.

“This bill, in conjunction with the Stop Corporate Capture Act,” said Nadler, “addresses the need to protect longstanding and long-working rules established by administrative agencies and protect our federal system from arbitrary and frivolous attacks that would have been welcomed under the Corner Post holding.”

 

“This piece of legislation is an important and essential step in reestablishing the certainty that comes from the finality that the six-year limitation provided. As a result, rules that protect everyday Americans are now perpetually in jeopardy,” said Rep. Correa.

 

The bill is cosponsored by Reps. Eleanor Holmes Norton (D-DC), Pramila Jayapal (D-WA), Nikema Williams (D-GA), Nanette Barragán (D-CA), Summer Lee (D-PA), and Mary Gay Scanlon (D-PA).

 

“Public agencies exist to create rules and implement laws that protect the American people and their families from unsafe working conditions, dangerous food and drug products, and polluted water and air. But because of the Supreme Court’s egregious Corner Post ruling, big corporations, special interests, and their wealthy allies will have an easier time challenging long-standing safeguards in court. It is imperative that our public agencies are able to enact measures to keep all Americans safe and healthy without being subject to constant lawsuits from bad actors. That’s why I’m supporting this legislation to restore agencies’ ability to enforce laws and do their jobs to protect people across the country,” said Rep. Jayapal.

 

This bill is supported by Small Business Majority, Earth Justice, Coalition for Sensible Safeguards, and Center for American Progress.