Corner Post v. Federal Reserve Board
Overview
Overview
A North Dakota truck stop that opened in 2018 sued to challenge a Federal Reserve rule about debit card transaction fees that had been final law since 2011. The government argued the suit was time-barred. Federal law gives challengers six years from when a rule takes effect. The Supreme Court ruled 6-3 in July 2024 that the six-year clock starts when the rule injures a specific party, not when published. For a business that didn't exist until 2018, the window opened in 2018. The consequence is significant: there's now no effective statute of limitations on administrative rules.
The Conclusion
Conclusion
The Supreme Court held 6-3 that the statute of limitations for challenging administrative rules begins when the rule injures a specific party, not when the rule is published. This means businesses can challenge even decades-old rules if they did not exist when the rule took effect. The decision effectively eliminates any enforceable limitations period for administrative rule challenges.
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