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114 Cal. L. Rev. 1 (2026)

handle is hein.journals/calr114 and id is 1 raw text is: Time Bars for Administrative Procedure Claims After Corner Post Susan C. Morse* Amid the avalanche of recent important administrative law decisions, one case has received almost no scholarly attention: Corner Post, Inc. v. Board of Governors of the Federal Reserve System. This case changes the application of the six-year statutory period that used to time bar administrative procedure claims. In part, Corner Post expands judicial review for claims that an agency regulation violates the authorizing statute or the Constitution by allowing such substantive claims indefinitely. Last Term, in McLaughlin Chiropractic Associates, Inc. v. McKesson Corporation, the Court similarly allowed a substantive claim to proceed despite the sixty-day time limit of the Hobbs Act. Corner Post produces unfortunate collateral damage for procedural claims, including claims that an agency's action violated notice-and-comment requirements or was arbitrary or capricious under the Administrative Procedure Act (APA). Similarly, in McLaughlin, the Court's analysis might allow review of procedural claims, as well as substantive claims, after the expiration of the Hobbs Act time limit. Yet a strong argument stronger than for substantive claims favors time barring procedural challenges to old regulations. DOI: https:/doi.org/10.15779/Z38G15TD4X Copyright © 2026 Susan C. Morse * Mark G. and Judy G. Yudof Chair in Law and Associate Dean for Academic Affairs, University of Texas School of Law. Many thanks for comments to workshop participants at Duke University School of Law and University of Texas School of Law and to John Golden, Tara Grove, Michael Herz, Lee Kovarsky, Arti Rai, Teddy Rave, Larry Sager, Jack Townsend, Melissa Wasserman, and Ernie Young; and for terrific research assistance to Sydney Jean Gottfried, University of Texas J.D. Class of 2025. Finally, thank you to this Article's team at the California Law Review for your exceptionally committed and careful editing. 1