SCOTUS Decision on Regulatory Appeals Likely Means Nothing for FCC

The U.S. Supreme Court on Monday issued another decision concerning regulatory law, Corner Post v. Board of Governors, which is expected to also add to the number of challenges against regulatory agencies filed in court. But the effect for the FCC is expected to be zero, unlike last week’s decision in cases challenging the Chevron doctrine (see 2406280043), because the Communications Act, not the six-year statute of limitations in the Administrative Procedure Act, governs appeals of FCC decisions. In Corner Post, SCOTUS, in a 6-3 decision along ideological lines, revived a North Dakota convenience store's challenge of a Federal Reserve regulation covering debit card "swipe fees." Businesses pay banks these fees when customers use debit cards to make purchases. Corner Post argued that it shouldn’t be bound by the six-year statute of limitations to challenge a 2011 regulation because it opened for business in 2018. SCOTUS held that an APA claim doesn’t accrue for purposes of the six-year statute of limitations “until the plaintiff is injured by final agency action.” The administration, representing the Federal Reserve Board of Governors, had argued that adopting Corner Post's legal position "would substantially expand the class of potential challengers" to government regulations and "increase the burdens on agencies and courts." Industry lawyers noted that under Section 402(a) of the Communications Act, petitions for review of FCC orders, except those involving licenses, must be filed within 60 days. The deadline for appealing license decisions in Section 402(b) is 30 days. The APA deadline has never applied, lawyers said.