Timing of Judicial Review of Agency Action: Limiting Review After a Period of Time

This report examines the legal complexities surrounding when and how judicial review of federal agency actions can be time-barred. It explores general and special statutory limitations, such as the six-year limit in 28 U.S.C. § 2401(a), and how doctrines like laches and ripeness intersect with procedural rights under the Administrative Procedure Act (APA). Prompted by recent Supreme Court decisions like Corner Post, the report analyzes legislative and judicial approaches to ensure fair access to courts while maintaining administrative finality. The authors suggest Congress consider clearer statutory schemes to balance timely review with legal consistency.