Administrative Procedure Act-The Supreme Court considers whether Administrative Procedure Act claims accrue upon rule promulgation or upon injury to the rule challenger.

This article discusses the case of Corner Post, Inc. v. Board of Governors of the Federal Reserve System, which involves a challenge to a Federal Reserve rule that caps debit-card processing fees for large banks. The case centers around the question of when Administrative Procedure Act (APA) claims accrue, either upon rule promulgation or upon injury to the rule challenger. The U.S. District Court for the District of North Dakota and the U.S. Court of Appeals for the Eighth Circuit ruled that the claim accrued when the rule was published, leading to the dismissal of the lawsuit. However, Corner Post is asking the Supreme Court to adopt the position of the Sixth Circuit, which holds that the limitation period begins when a plaintiff is first "adversely affected" by an agency regulation. The case is scheduled for oral argument on February 20, 2024. [Extracted from the article]