Corner Post, Inc. v. Board of Governors

Corner Post, Inc., a North Dakota convenience store that opened in 2018, sued the Board of Governors of the Federal Reserve System in 2021, challenging Regulation II's cap on debit card interchange fees originally issued in 2011. The district court and Eighth Circuit dismissed the case as time-barred under 28 U.S.C. § 2401(a), holding the six-year limitations period began when the regulation was published. The Supreme Court reversed, ruling that the limitations period for Administrative Procedure Act claims against the United States begins when the plaintiff is injured, not when the agency action becomes final. The decision opened the door for new businesses to challenge older federal regulations.

The U.S. Supreme Court reversed and remanded in a 6-3 decision, with Justice Amy Coney Barrett writing for the majority. The Court held that the limitations period under § 2401(a) begins when the plaintiff is injured, not when the regulation was promulgated. Therefore, Corner Post's challenge was timely.

Whether the six-year statute of limitations under 28 U.S.C. § 2401(a) for suits against the United States begins to run when an agency regulation is first published or when a particular plaintiff first suffers injury from that regulation.

The ruling significantly expands the timeframe for businesses and individuals to challenge long-standing federal regulations, potentially increasing litigation against agency rules years or decades after their adoption. It has raised concerns about regulatory stability and finality, while supporters view it as enhancing access to judicial review for newly affected parties.