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
08/01/2026
At CFP Semifinals, ESPN Again Flexes Its Operational Muscle With 20+ MegaCast Vi...
08/01/2026
SVG Students To Watch: Sophie Fowler, University of OregonThe Portland product has honed her skills as a producer, director, and TD at Quack VideoBy Brandon Cos...
08/01/2026
Follow the Money, Episode 3: Inside the Sports-Media Biz With Sam McCleery and K...
08/01/2026
SVG New Sponsor Spotlight: Qualstar's Jeff Sengpiehl on the Enduring Power a...
08/01/2026
Legendary February: Production Leaders at NBC Sports Pull Back the Curtain on Ol...
08/01/2026
The Hollywood Professional Association (HPA) today announced several updates to its Board of Directors. As part of HPA's annual governance cycle, new leader...
08/01/2026
Share Share by:
Copy link
Facebook
X
Whatsapp
Pinterest
Flipboard...
08/01/2026
Share Share by:
Copy link
Facebook
X
Whatsapp
Pinterest
Flipboard...
08/01/2026
Share Share by:
Copy link
Facebook
X
Whatsapp
Pinterest
Flipboard...
08/01/2026
Spain's national public broadcaster, RTVE, has upgraded one of its main television production facilities in Madrid with the installation of two Alfalite NEO...
08/01/2026
Share Share by:
Copy link
Facebook
X
Whatsapp
Pinterest
Flipboard...
08/01/2026
Share Share by:
Copy link
Facebook
X
Whatsapp
Pinterest
Flipboard...
08/01/2026
Maxon's new release of Cinebench features performance enhancements and adds support for the latest Nvidia and AMD GPUs as well as Apple Silicon.
Maxon is t...
08/01/2026
Zixi, the industry leader in IP-based video transport and orchestration, today announced the appointment of Heather Mellish as Vice President, Global Sales.
In...
08/01/2026
Pebble, the leading automation, content management and integrated channel specialist, has provided a complete update of its installation at Canal Sur in Spain. ...
08/01/2026
iWedia, a global leader in software solutions for connected TV devices, proudly announces the success of its collaboration with Panasonic on the Z95B OLED TV, o...
08/01/2026
Secuoya Chile, a leading provider of television content creation and supporting services, has invested in Ikegami UHK-X600 and UHL-X40 broadcast cameras as the ...
08/01/2026
Kiloview, a global leader in AV-over-IP solutions, will showcase its latest innovations at ISE 2026, highlighting the continued evolution of its complete, light...
08/01/2026
iWedia, a global leader in software solutions for connected TV devices, and Realtek, a leading global SoC design house, today announced the next phase of their ...
08/01/2026
CJP Broadcast has completed a new pitch-side media installation for Cinderford RFC, creating a flexible production setup that supports match coverage, coaching ...
08/01/2026
PlayBox Neo further drives momentum in Playout, Streaming, Media Management and Delivery
"With a brand new year at PlayBox Neo already off to a flying start, I...
08/01/2026
Boston Conservatory at Berklee Presents Second Annual Commercial Dance BFA Conce...
08/01/2026
Back to All News
New Korean Series Beauty in the Beast' (WT) in Production...
08/01/2026
The next universal technology since the smartphone is on the horizon - and it ma...
08/01/2026
In the rolling hills of Berkeley, California, an AI agent is supporting high-stakes physics experiments at the Advanced Light Source (ALS) particle accelerator....
08/01/2026
NVIDIA is wrapping up a big week at the CES trade show with a set of GeForce NOW...
07/01/2026
SVG Summit 2025: All General Sessions Now Available To Watch on SVG PLAYThe SVG Summit celebrated its 20th edition with a loaded agendaBy Brandon Costa, Directo...
07/01/2026
NBCU's Brings Rinkside Live' and Courtside Live' Features to Peaco...
07/01/2026
NASA's Space Launch System rocket carrying the Orion spacecraft launches on the Artemis I flight test, Wednesday, Nov. 16, 2022, from Launch Complex 39B at ...
07/01/2026
For the first time ever, new C' variants allow international users to interoperate with U.S. personnel via NSA-certified cryptography....
07/01/2026
Share Share by:
Copy link
Facebook
X
Whatsapp
Pinterest
Flipboard...
07/01/2026
Share Share by:
Copy link
Facebook
X
Whatsapp
Pinterest
Flipboard...
07/01/2026
Share Share by:
Copy link
Facebook
X
Whatsapp
Pinterest
Flipboard...
07/01/2026
Share Share by:
Copy link
Facebook
X
Whatsapp
Pinterest
Flipboard...
07/01/2026
Share Share by:
Copy link
Facebook
X
Whatsapp
Pinterest
Flipboard...
07/01/2026
Share Share by:
Copy link
Facebook
X
Whatsapp
Pinterest
Flipboard...
07/01/2026
Share Share by:
Copy link
Facebook
X
Whatsapp
Pinterest
Flipboard...
07/01/2026
Share Share by:
Copy link
Facebook
X
Whatsapp
Pinterest
Flipboard...
07/01/2026
Share Share by:
Copy link
Facebook
X
Whatsapp
Pinterest
Flipboard...
07/01/2026
Share Share by:
Copy link
Facebook
X
Whatsapp
Pinterest
Flipboard...
07/01/2026
Share Share by:
Copy link
Facebook
X
Whatsapp
Pinterest
Flipboard...
07/01/2026
Share Share by:
Copy link
Facebook
X
Whatsapp
Pinterest
Flipboard...
07/01/2026
Share Share by:
Copy link
Facebook
X
Whatsapp
Pinterest
Flipboard...
07/01/2026
Share Share by:
Copy link
Facebook
X
Whatsapp
Pinterest
Flipboard...
07/01/2026
Share Share by:
Copy link
Facebook
X
Whatsapp
Pinterest
Flipboard...
07/01/2026
Back to All News
The Trailer of Paparazzi King: The 5-Episode Docuseries Coming...
07/01/2026
Back to All News
Netflix Supports Warner Bros. Discovery Board's Commitment...
07/01/2026
Back to All News
What Next? Netflix Reveals Series, Films and Games Coming in 2026
Entertainment
07 January 2026
Global
Link copied to clipboard
Download ...
07/01/2026
AI has transformed retail and consumer packaged goods (CPG) operations, enhancin...
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.
