AALA member Brook Duer, staff attorney in the Center for Agricultural and Shale Law at Penn State University, told DTN the ruling in Corner Post Inc. v. Federal Reserve opens the door even wider for environmental groups and others to continue suing the EPA and other agencies by continuing to find new plaintiffs. The Supreme Court’s decision now interprets the six-year statute of limitations as beginning to run when a named plaintiff suffers the harm alleged in a lawsuit, even decades after federal regulations are finalized.

Also, in the wake of the Supreme Court’s overturning of so-called Chevron deference, he told the same outlet it was hard to imagine things being worse for EPA in the federal courts because they already have been hesitant to give the agency the benefit of the doubt.

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