
The Biden administration's loss in a Supreme Court ruling involving the EPA's ability to regulate power plants could be a victory for ISPs' arguments that the FCC was outside its regulatory lane when it reclassified internet access as a Title II common-carrier service subject to open access and other requirements and imposed net neutrality rules.
In the 6-3 opinion handed down Thursday (June 30), Chief Justice John Roberts, who penned the decision, said that in the Clean Air Act, Congress had not granted the Environmental Protection Agency the authority to devise emissions caps based on the electricity-generation shifting approach the EPA took in the Clean Power Plan.
In that opinion, Roberts talked about the limits of the Chevron doctrine, which is the courts' customary deference to agency expertise when a statutes direction is less than crystal clear.
ISPs have long argued that Congress did not give the FCC the authority it asserted in reclassifying internet access under Title II.
We presume that Congress intends to make major policy decisions itself, not leave those decisions to agencies, wrote Roberts, citing then D.C. Appeals Court Judge (now Supreme Court Associate Justice) Brett Kavanaugh in his dissent from a decision by the lower court not to further consider ISPs appeal of net neutrality rules back in 2015.
Thus, in certain extraordinary cases, both separation of powers principles and a practical understanding of legislative intent make us reluctant to read into ambiguous statutory text the delegation claimed to be lurking there, Roberts wrote. Roberts drew an even clearer line around Chevron. To convince us otherwise, something more than a merely plausible textual basis for the agency action is necessary. The agency instead must point to clear congressional authorization for the power it claims.
That language is music to ISP ears since it suggests that if the Biden administration was able to restore rules against blocking, throttling and paid prioritization, it might have a hard time this time around surviving a court challenge by ISPs.
There currently are no such rules, as the FCC under then-Republican chairman Ajit Pai threw them out in 2017.
President Joe Biden has supported yet another FCC about-face and return to the rules, but he has only two votes and no near-term prospects of getting the open Democratic seat on the FCC filled.
North America Stories
10/11/2026
Buyers can now access custom CTV deals across on-demand and live content
NEW YORK, November 10, 2026 - Gracenote, Nielsen's content intelligence business, ...
10/11/2026
Share
{alert(Link copied)}).catch(err => {console.error(Failed to copy: , err)}) data-platform=copy_link data-action= class=font-ui-heading py-2 text-sm tex...
10/11/2026
Share
{alert(Link copied)}).catch(err => {console.error(Failed to copy: , err)}) data-platform=copy_link data-action= class=font-ui-heading py-2 text-sm tex...
10/11/2026
Share
{alert(Link copied)}).catch(err => {console.error(Failed to copy: , err)}) data-platform=copy_link data-action= class=font-ui-heading py-2 text-sm tex...
10/11/2026
Clear-Com supported On Air 2026, a 24-hour student-led broadcast connecting 45 universities across 30 countries. Using Station-IC virtual intercom panels, an ...
10/11/2026
Matrox Video today announced the launch of The Sync, a new video podcast series bringing together Matrox Video experts, customers, and partners to explore the t...
10/11/2026
Adobe Brings Agentic AI to the Content Supply Chain with CX Enterprise Coworker
Brie Clayton November 10, 2026
0 Comments
Adobe empowers brands to bui...
10/11/2026
Amplify Berklee Gala Raises More Than $1.3 Million for Berklee City Music Schola...
10/11/2026
Share
{alert(Link copied)}).catch(err => {console.error(Failed to copy: , err)}) data-platform=copy_link data-action= class=font-ui-heading py-2 text-sm tex...
10/11/2026
Share
{alert(Link copied)}).catch(err => {console.error(Failed to copy: , err)}) data-platform=copy_link data-action= class=font-ui-heading py-2 text-sm tex...
10/11/2026
Share
{alert(Link copied)}).catch(err => {console.error(Failed to copy: , err)}) data-platform=copy_link data-action= class=font-ui-heading py-2 text-sm tex...
10/11/2026
Grass Valley K-Frame switching and LDX cameras support live sports production at the Northwestern Wildcats' new stadium, providing a common technology platf...
10/11/2026
The League of Live Stream Theater (LOLST), the nonprofit organization partnering with theaters and producers to bring live theater to audiences worldwide throug...
10/11/2026
COW Jobs: Several remote positions at Chakrra
Brie Clayton November 10, 2026
0 Comments
Several remote positions at Chakrra
November 6, 2026COW Jobs...
10/11/2026
Blackmagic Design Unites Live Solutions for Reggae Land 2026
Brie Clayton November 10, 2026
0 Comments
Festival relies on ATEM Constellation 8K and UR...
10/11/2026
Where Video Editors Earn the Most and Where the Paycheck Goes Furthest
Mark Santos November 10, 2026
0 Comments
Sooner or later every editor asks what...
10/11/2026
Caroline Davis to Perform with Berklee Student Ensemble for Signature Series Con...
10/11/2026
Share
{alert(Link copied)}).catch(err => {console.error(Failed to copy: , err)}) data-platform=copy_link data-action= class=font-ui-heading py-2 text-sm tex...
10/11/2026
Share
{alert(Link copied)}).catch(err => {console.error(Failed to copy: , err)}) data-platform=copy_link data-action= class=font-ui-heading py-2 text-sm tex...
10/11/2026
Share
{alert(Link copied)}).catch(err => {console.error(Failed to copy: , err)}) data-platform=copy_link data-action= class=font-ui-heading py-2 text-sm tex...
10/11/2026
Share
{alert(Link copied)}).catch(err => {console.error(Failed to copy: , err)}) data-platform=copy_link data-action= class=font-ui-heading py-2 text-sm tex...
10/11/2026
New Compact industry-standard Support Fits in the Trunk of a Small Car
Pioneering C-Stand innovator, Matthews Studio Equipment, introduces the 33 Sliding Leg...
10/11/2026
Kubernetes, the open source system that manages how applications run across thou...
09/11/2026
In a new home, the show had its traditional focus on music production, but broadcast themes received significant emphasis
The Audio Engineering Society (AES) c...
09/11/2026
Content creation and rights, YouTube archive, production workflows, investment, ...
09/11/2026
Industry leaders from Prime Video, NASCAR, FOX Sports, and more discuss the tech...
09/11/2026
SMT (SportsMEDIA Technology) is delivering on-air graphics and shot data for the Women's Team Golf League (WTGL), which made its debut Sunday, Nov. 8, at So...
09/11/2026
BKB Bare Knuckle Boxing has appointed Michael Ridout Managing Director, UK. He will lead BKB's operations in the United Kingdom and take on wider operationa...
09/11/2026
SMPTE's Media Technology Summit (MTS2026) takes place Nov. 16-19 at the Pasadena Convention Center. The schedule:
Media Tech Business Forum (Monday, Nov. 1...
09/11/2026
The Audio Engineering Society (AES) held AES Show Nashville 2026 Oct. 30-Nov. 1 at the Gaylord Opryland Resort & Convention Center. AES reports nearly 3,000 reg...
09/11/2026
Analyst Josh Stinehour will share results Jan. 26 in Mountain View, Calif.
Devo...
09/11/2026
Behind The Mic provides a roundup of recent news regarding on-air talent, includ...
09/11/2026
Permanent mixed-reality activation debuted against the Brooklyn Nets at Rocket A...
09/11/2026
The new agreement brings the Playoff to 23 games, including 16 on-campus matchup...
09/11/2026
SMT provided production technology and graphics support for all three NASCAR nat...
09/11/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
09/11/2026
Share
{alert(Link copied)}).catch(err => {console.error(Failed to copy: , err)}) data-platform=copy_link data-action= class=font-ui-heading py-2 text-sm tex...
09/11/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
09/11/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
09/11/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
09/11/2026
Berklee's Singers Showcase Celebrates Whitney Houston's Music and Her Go...
09/11/2026
Korea's Ministry of Science and ICT and NVIDIA hosted the MSIT-NVIDIA AI Sta...
09/11/2026
Simulation, which has long been the proving ground for robots learning to walk, ...
08/11/2026
COW Jobs: Set and Production Design Expert - Remote
Brie Clayton November 8, 2026
0 Comments
Set and Production Design Expert (Remote, worldwide)
No...
08/11/2026
NVIDIA is releasing Dynamo-optimized deployment recipes for Korea's leading open models: A.X K2 from SK Telecom, K-EXAONE 2.0 from LG AI Research, Solar Ope...
08/11/2026
NVIDIA and Korea's Ministry of Science and ICT (MSIT) are expanding their collaboration across the country's sovereign AI ecosystem, from AI semiconduct...
08/11/2026
As AI agents take on more work, they need capable open models and security that advances alongside them.
Hyundai Motor Group is exploring NVIDIA NemoClaw bluep...
08/11/2026
Tapping into the country's strengths in manufacturing and engineering, NVIDIA is helping advance Korea's physical AI ecosystem.
The country's indu...
07/11/2026
NEW YORK - November 5, 2026 - An estimated 31.2 million people watched primetime coverage of the 2026 U.S. midterm elections on Tuesday, November 3, according t...
07/11/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...