The US Supreme Court (SCOTUS) ruled Monday that the six-year statute of limitations — under the Administrative Procedure Act (APA) — for plaintiffs harmed by a federal regulation to sue federal agencies begins at the time of the injury, not when the policy was implemented.
The plaintiff in this case was a North Dakota truck stop called Corner Post, which sought to sue the Federal Reserve (Fed) over its policy surrounding credit and debit card transaction fees banks are allowed to charge.
This ruling isn't about legal interpretations or the rights of plaintiffs — the conservative majority simply wanted to give businesses the ability to sue the federal government out of existence. Now that agencies tasked with protecting our food, water, and workplaces are set to face an onslaught of right-wing lawsuits, it's incumbent upon Congress to codify the proper statute of limitations into law again.
The Administrative Procedure Act states that the six-year statute of limitations begins when "the right of action first accrues." Since the right of action is talking about the right of a plaintiff to sue for injury, that right can only possibly begin once a business is under the purview of the regulation. Even the Fed has acknowledged this fact, and it's shown no evidence that the wording of the law means anything different in this case.