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ARTICLE · 13 OCTOBER 2023

Companies Should Be Able To Challenge Old Rules With New Injuries

Wiley Rein
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Wiley's Jeremy Broggi and Michael Showalter analyze the potential impact of a pending US Supreme Court case on new businesses that are subject to old and questionable federal laws.

United StatesLitigation, Mediation & Arbitration
Jeremy J. Broggi
Jeremy J. Broggi

Wiley's Jeremy Broggi and Michael Showalter analyze the potential impact of a pending US Supreme Court case on new businesses that are subject to old and questionable federal laws.

Must new businesses accept unlawful federal regulations that are older than the company, or may they challenge such regulations in federal court?

The US Supreme Court granted certiorari to answer that question in Corner Post v. Board of Governors of the Federal Reserve System, a case that will decide whether a right of action challenging a federal agency rulemaking accrues when the rule is promulgated or when it injures the plaintiff.

The case is important for all regulated entities, and especially for new businesses seeking the same opportunities to challenge agency regulations that were afforded their more established rivals.

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