Supreme Court Protects Ability of Small Business Owners to Challenge Regulations

Date: July 01, 2024

Corner Post v. Federal Reserve concerns when regulated entities can challenge agency regulation

WASHINGTON, D.C. (July 1, 2024) – NFIB supports today’s U.S. Supreme Court decision in Corner Post, Inc. v. Board of Governors of the Federal Reserve System. The case questioned when the six-year statute of limitations to challenge an agency rule under the Administrative Procedure Act (APA) begins.

“Small business owners shouldn’t be denied the right to challenge government regulations and we’re glad to see the Supreme Court agrees,” said Beth Milito, Executive Director of NFIB’s Small Business Legal Center. “Unreasonable government regulations are consistently a top issue for small business owners and today’s decision will allow owners to challenge them as they see fit. NFIB applauds the Court for reversing the judgment of the Eighth Circuit and correcting the majority rule.”

NFIB filed an amicus brief in the case with the Restaurant Law Center, the Buckeye Institute, and the Manhattan Institute. Our brief argued that publication of a final agency rule cannot injure nonexistent entities, and that newly-formed entities are not injured by an agency’s final rule until they are in operation and subject to the rule. The Court agreed, holding that the injury and finality requirements to sue under the APA are distinct.

The NFIB Small Business Legal Center protects the rights of small business owners in the nation’s courts. NFIB is currently active in more than 40 cases in federal and state courts across the country and in the U.S. Supreme Court.

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