Corner Post, Inc.v.Board Of Governors
Corner Post, a business that accepts debit cards, challenged the Federal Reserve Board’s regulation of debit-card interchange fees. The business opened after the regulation was adopted and argued that its lawsuit was timely because it was filed within six years of the injury caused by the regulation, rather than within six years of the regulation’s publication. The Supreme Court of the United States held that a claim under the federal Administrative Procedure Act accrues when the plaintiff is injured, not when the agency first issues the rule. A newly regulated entity therefore may challenge an older rule when it first suffers the rule’s legal and economic consequences. The Court reversed the judgment dismissing Corner Post’s challenge as untimely and remanded. A dissent warned that the ruling would permit challenges to longstanding regulations long after the normal period for reviewing agency action had closed.
Loading published copy…

