When the Supreme Court handed down Corner Post, Inc. v. Board of Governors of the Federal Reserve System—holding that the statute of limitations for challenging a regulation does not begin to run until the plaintiff is injured by it—alongside two other cases impacting administrative agencies, much of the commentary suggested that these decisions heralded the demise of agencies and the end of protections for important issues, including the environment. Part of this commentary appears correct. It is likely that Corner Post will introduce significant challenges for agencies. Agencies will be required to defend regulations using an outdated record, often with the loss of institutional knowledge and while combatting the influence of hindsight bias. Increased litigation could destabilize agencies’ longterm conservation efforts, as more time and resources spent in court divert attention away from protecting vulnerable species.
However, this Note argues that the Corner Post principle presents a transformative shift in environmental litigation, particularly under the Endangered Species Act, by extending the date for claim accrual and enabling plaintiffs to challenge longstanding agency regulations and decisions that continue to harm vulnerable species. This principle facilitates an opportunity for environmental plaintiffs to litigate for greater accountability and protection of species. This Note emphasizes that the Corner Post principle offers environmental plaintiffs an essential mechanism for advancing protections for endangered species and holding agencies accountable for past regulatory decisions, and advocates for employing this mechanism right away.
