Corner Post Inc. v. Board of Governors of the Federal Reserve System Summary | Law Case Explained

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Corner Post, Inc. v. Board of Governors of the Federal Reserve System - United States Supreme Court
144 S. Ct. 2440 (2024)

Suppose a new business is impacted by an invalid agency regulation, but the regulation has existed for more than six years. Does the regulation's age insulate it from challenges?

The Supreme Court addressed this question in Corner Post versus Board of Governors of the Federal Reserve System.

The Federal Reserve Board was an administrative agency.

Congress tasked the board with setting reasonableness standards for the interchange fees debit card issuers charge to merchants. To accomplish this, in twenty eleven, the board adopted regulation II, which set a maximum rate for these fees.

In twenty eighteen, the convenience store Corner Post opened for business and began accepting debit cards.

In twenty twenty one, Corner Post joined a lawsuit against the board. This lawsuit included an administrative procedure act or APA claim alleging that regulation, II, was facially invalid because its maximum rate was unreasonable.

Under twenty eight USC section twenty four zero one a, the general time limit for bringing a civil claim against the federal government was six years after the right of action first accrues.

The district court ruled that Corner Post's APA claim against the board had accrued when regulation II was enacted in twenty eleven. The court dismissed the twenty twenty one claim as untimely.

The eighth circuit affirmed the dismissal. The eighth circuit ruled that facial challenges to administrative regulations accrued when the regulations were issued because this type of challenge alleged that the regulations had never been valid. Five other circuits agreed with this interpretation.

In contrast, the sixth circuit had ruled that an APA claim, even a facial challenge, accrued only once the plaintiff was personally injured by a final agency action. The United States Supreme Court granted cert to resolve the circuit split.

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