Corner Post, Inc. v. Board of Governors

Background

Corner Post is a truckstop and convenience store that opened in 2018 and pays debit‑card interchange fees set by banks and payment networks. Congress told the Federal Reserve Board in 2010 to make sure those fees are reasonable and proportional, and the Board issued Regulation II in 2011 setting a per‑transaction cap. Corner Post joined a 2021 lawsuit arguing that Regulation II allows higher fees than Congress intended. The District Court and the Eighth Circuit said the suit was too late because the six‑year deadline to sue the United States begins when a final rule is published.

Reasoning

The Court’s central question was when the six‑year deadline begins for a claim brought under the Administrative Procedure Act, the law that lets people challenge federal rules. The Court said an APA claim does not count for that deadline until the plaintiff has a full cause of action — which in APA cases happens when the plaintiff is injured by final agency action. The Court explained that the APA requires both an injury and final agency action for review, so the six‑year clock starts when a person or business is actually harmed by the rule. The Court reversed the Eighth Circuit and sent the case back for further proceedings.

Real world impact

The decision lets businesses and others bring broad challenges that attack a rule itself even if the rule was issued more than six years earlier, so long as the challenger was injured later. This is a timing ruling, not a final decision on Regulation II’s legality, so the legal fight over debit‑card fees will continue in lower courts. Congress could change the filing deadline if it wants a different rule.

Dissents or concurrances

Justice Kavanaugh concurred and emphasized that courts can cancel unlawful agency rules to give relief; Justice Jackson dissented, warning the ruling invites endless challenges and urged Congress to act.