NCLA Asks Supreme Court to Permit Equitable Tolling of Statutory Deadlines to Thwart Agency Deceit
Retrieved on:
Friday, February 9, 2024
v. DOT and decide that courts can equitably toll statutory deadlines to forestall agencies from tricking their enforcement targets.
Key Points:
- v. DOT and decide that courts can equitably toll statutory deadlines to forestall agencies from tricking their enforcement targets.
- The Eleventh Circuit’s ruling would prevent equitable tolling of all statutory filing deadlines for judicial review of agency orders, no matter how egregious, on the theory that Federal Rule of Appellate Procedure 26(b) precludes it.
- But that cramped theory conflicts with Supreme Court precedent and precedents from other circuits, which hold that Congress legislates against a background presumption in favor of equitable tolling of statutory deadlines.
- By categorically precluding tolling—not just to challenge this agency’s order but all agency orders—the Eleventh Circuit’s ruling encourages bad-faith agency conduct.