John Kendrick ’16, and prior Articles Editor for the Virginia Law Review, published a note in the Virginia Law Review in 2017 that challenges the universally-accepted Wind River doctrine. His note, entitled: (Un)limiting Administrative Review: Wind River, Section 2401(a), and the Right to Challenge Federal Agencies, discusses when a plaintiff’s right of action first accrues under the statute of limitations for APA claims. It remains the only scholarly article on Section 2401(a). The novel argument he made in his student note is the basis of a certiorari petition currently before the Supreme Court. In addition, John has submitted an amicus brief in support of the certiorari petition detailing why the Eighth Circuit has erred in their interpretation of Section 2401(a)’s definition of “accrue.”
(Un)limiting Administrative Review: Wind River, Section 2401(a), and the Right to Challenge Federal Agencies is available here. A link to the amicus brief filed with the U.S. Supreme Court can be found here. A link to the SCOTUS docket page for the cert petition can be found here.