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.
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