The U.S. Supreme Court appears poised to rule that the six-year time limit for challenging a federal regulation begins when the rule is adopted and not when a regulated entity is harmed by its compliance with the regulation.
During arguments Tuesday, the justices seemed skeptical of a Watford City, North Dakota, convenience store’s attempt to revive its so-far time-barred challenge to a 2011 Federal Reserve rule enabling banks to charge merchants a fee when accepting debit-card transactions. Counsel for Corner Post called it unfair to hold it essentially powerless to challenge a rule adopted years before the store opened in 2018 and accepted its first debit card transaction, because six years had passed since the regulation’s adoption.

Marriner S. Eccles Federal Reserve Board Building in Washington. Credit: Roman Babakin/Shutterstock


