The Supreme Court in a Monday ruling opened the door to broad challenges to federal regulations long after they take effect.
In another 6-3 decision, the Supreme Court effectively eliminated the statute of limitations to challenge federal rules as illegal, arbitrary or capricious. Justices differed in viewing the outcome as either being more fair to companies or serving as a potential source of instability for the business world.
The case, Corner Post, Inc. v. Board of Governors, was brought by the Corner Post, a North Dakota convenience store, which argued that the Federal Reserve’s Regulation II violated the Administrative Procedure Act. Corner Post, which opened in 2011, filed a lawsuit in 2021 challenging debit card transaction fees issued by the Federal Reserve Board in 2011. The store argued that the six-year statute of limitations to challenge a final rule issued by the federal government begins ticking when an individual party is injured, not when the action is finalized.
Justice Amy Coney Barrett wrote for the majority that companies harmed by federal rules should be able to challenge them in court, regardless of how long those regulations have been in effect.
The case could open the door to challenges to any federal regulation.
The state is that great fiction by which everyone tries to live at at the expense of everyone else.
—Frederic Bastiat. (1801-1850).
Supreme Court effectively eliminates statute of limitations on challenges to federal regulations
https://www.mcknightsseniorliving.com/news/supreme-court-effectively-eliminates-statute-of-limitations-on-challenges-to-federal-regulations/
The Supreme Court in a Monday ruling opened the door to broad challenges to federal regulations long after they take effect.
In another 6-3 decision, the Supreme Court effectively eliminated the statute of limitations to challenge federal rules as illegal, arbitrary or capricious. Justices differed in viewing the outcome as either being more fair to companies or serving as a potential source of instability for the business world.
The case, Corner Post, Inc. v. Board of Governors, was brought by the Corner Post, a North Dakota convenience store, which argued that the Federal Reserve’s Regulation II violated the Administrative Procedure Act. Corner Post, which opened in 2011, filed a lawsuit in 2021 challenging debit card transaction fees issued by the Federal Reserve Board in 2011. The store argued that the six-year statute of limitations to challenge a final rule issued by the federal government begins ticking when an individual party is injured, not when the action is finalized.
Justice Amy Coney Barrett wrote for the majority that companies harmed by federal rules should be able to challenge them in court, regardless of how long those regulations have been in effect.
The case could open the door to challenges to any federal regulation.
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