After the Supreme Court issued its 2024 decision in Corner Post, Inc. v. Board of Governors of the Federal Reserve System, holding that far older agency rules could be subject to new challenges than previously thought, many commentators worried that the decision would have significant destabilizing effects. While no tidal wave of new challenges has materialized, a recent district court decision provides a reminder that Corner Post gives litigants a pathway to challenge even long-settled rules.
A January 2026 decision in Oregon Wild v. U.S. Forest Service is one of the first to invalidate a rule after relying on Corner Post to find that a challenge was timely. In Oregon Wild, nonprofit organizations challenged three United States Forest Service forest treatment projects in the Freemont-Winema National Forest in southern Oregon. The projects involved tree and brush thinning, controlled burning, commercial logging, and other treatments that the Forest Service had determined would benefit animal species in the area.