[Congressional Record Volume 170, Number 115 (Thursday, July 11, 2024)]
[Extensions of Remarks]
[Pages E722-E723]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          INTRODUCTION OF THE CORNER POST REVERSAL ACT OF 2024

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                          HON. J. LUIS CORREA

                             of california

                    in the house of representatives

                        Thursday, July 11, 2024

  Mr. CORREA. Mr. Speaker, I rise today to introduce the Corner Post 
Reversal Act of 2024 with my good friend, Mr. Nadler, Ranking Member of 
the Judiciary Committee. This crucial piece of legislation restores 
longstanding judicial precedent that provided certainty to small 
businesses and everyday Americans by ensuring finality of agency rules.
  The Supreme Court's decision in Corner Post v. Board of Governors of 
the Federal Reserve System abandons the accepted interpretation of the 
statute of limitations found in the Administrative Procedure Act (APA), 
which required challenges to rules to be brought within the first six 
years after the promulgation of the final rule. Instead, the Court 
turned the meaning of the language inside out to empower entities to 
challenge federal agency rules within six years of the entity accruing 
harm, effectively subjecting all federal rules to continual challenge.
  The Corner Post ruling undermines clear Congressional intent to 
restrict challenges to six years and introduces unprecedented 
uncertainty. Under this ruling, new entities can be continually created 
specifically to challenge established rules undermining critical 
stability. Even long-standing rules that businesses, states, and 
communities have incorporated into their planning may be upended at any 
point. Consumers and small businesses rely on clear and consistent 
rules, and they cannot afford to continually adjust to accommodate 
constant change. The Court now opened the flood gates for endless, 
costly legal challenges. Our court system will likely be overburdened 
as companies attack agency regulations.
  The Corner Post Reversal Act of 2024 would protect well-developed and 
scientifically based agency actions from attacks, by giving finality to 
rules, thereby ensuring that common sense protections for consumers, 
hardworking Americans, healthcare, food safety, and our environment 
remain in place after the six-year challenge period.
  Stability is important to the American economy. Consumers and small 
businesses rely on consistent rules developed by experts to protect 
them and do not want to keep adjusting to the roller coaster the Court 
just put them on. We are introducing this legislation to make

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sure that Americans and our court system are not overburdened by an 
ever-changing regulatory framework.
  I ask my colleagues to join Mr. Nadler and me in supporting this 
crucial legislation.

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