The Supreme Court protects small business owners’ ability to challenge regulations

Corner Post v. Federal Reserve Questions When Regulated Entities Can Challenge Agency Regulations

WASHINGTON, DC (July 1, 2024) – NFIB supports today’s decision by the U.S. Supreme Court in the case Corner Post, Inc. v. Board of Governors of the Federal Reserve System. The case questioned the six-year statute of limitations for challenging agency regulations under Administrative Procedure Act (APA) begins.

“Small business owners should not be denied the right to challenge government regulations, and we are glad the Supreme Court agrees,” he said. Beth Milito, executive director of the NFIB Small Business Law Center“Unreasonable government regulation continues to be a major concern for small business owners, and today’s decision will allow them to challenge it at their discretion. The NFIB applauds the Court for reversing the Eighth Circuit’s ruling and correcting the majority rule.”

The NFIB filed an amicus brief in this case with the Restaurant Law Center, the Buckeye Institute and the Manhattan Institute. In our paper, we argued that the publication of an agency final rule cannot harm defunct entities and that newly created entities are not harmed by an agency final rule until they become operational and subject to the rule. The Court agreed, finding that the damages and finality requirements for bringing an action under the APA are distinct.

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