
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
02/10/2026
Design reflects feedback on graphics introduced for MLB Red Sox and Pirates games
Boston Bruins games on NESN and Pittsburgh Penguins games on SportsNet Pittsb...
02/10/2026
NEP SS7/ST7 anchors Big Ten Saturday Night; nine Peacock games are produced from...
02/10/2026
In-venue and creative video staffers at the professional and collegiate level ha...
02/10/2026
GameTime Productions provided national broadcast production services for the Athletes Unlimited Softball League (AUSL) 2026 season, with coverage distributed ac...
02/10/2026
Audio-Technica has introduced the HP-HBM50x, a genuine replacement headband for the ATH-M50x professional studio monitor headphones. The HP-HBM50x is compatible...
02/10/2026
Advanced Systems Group (ASG) has helped audio professional Steve Schatz design and build Black Lava Studios, a 9.1.6 Dolby Atmos mixing and mastering facility i...
02/10/2026
Cobalt Digital has received Best of Show awards from TV Tech and TVB Europe at IBC2026 for solutions from its PACIFIC compression line.
TV Tech recognized the ...
02/10/2026
ESPN and TMRW Sports have announced a multi-year extension of their U.S. media rights agreement for TGL presented by SoFi. The 2027 TGL season will open Sunday,...
02/10/2026
Devlin Design Group (DDG) and Clickspring Design (CSD) have announced a strategic alliance combining their design capabilities for broadcast, media, workplace, ...
02/10/2026
The National Collegiate Hockey Conference has announced a partnership with CSMG (Collegiate Sports Management Group) making the firm the exclusive representativ...
02/10/2026
Mediaproxy will exhibit at NAB Show New York (Booth 561, Javits Center, October 21-22), demonstrating new AI capabilities in its LogServer compliance platform a...
02/10/2026
Mesh Broadcast Services has installed a Calrec Argo M console in the production area of its Eclipse 40-foot mobile unit, recently moved onto a 2025 Freightliner...
02/10/2026
Vizrt has announced that Richmond AFL has signed on to use Viz Libero Teams for coaching analysis and content creation. The platform provides 3D match analysis ...
02/10/2026
Oak View Group (OVG) has announced Cisco as an Official Technology Partner. Thro...
02/10/2026
Clear-Com has announced that the Audiovisual Training Centre in d , Poland, has installed an Arcadia Central Station as the communications hub for its broadca...
02/10/2026
A major figure in international football, three-time French champion and three-time Ligue 1 top scorer, Sonny Anderson will chair the SPORTEL Awards 2026 Jury. ...
02/10/2026
California-based Bantaray Mobile Sports Production has built its mobile producti...
02/10/2026
Overtime has announced a new strategic investment led by Eldridge Capital Management. Eldridge has investments across sports and media including the Los Angeles...
02/10/2026
The Milwaukee Bucks have launched Bucks , a direct-to-consumer streaming service that expands access to Bucks games during the 2026-27 season for fans statewide...
02/10/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
02/10/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
02/10/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
02/10/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
02/10/2026
Haymaker VFX acquires SWISS
Brie Clayton October 2, 2026
0 Comments
Stockholm-based, globally recognized creative team becomes part of Haymaker VFX in...
02/10/2026
Treasure & Dirt Shot with URSA Cine 17K 65
Brie Clayton October 2, 2026
0 Comments
DP Edward Goldner, ACS, relied on 65mm sensor to capture vast deser...
02/10/2026
Sonnet Announces Industry's Only Bus-Powered 10 Gigabit Ethernet Thunderbolt...
02/10/2026
Mediaproxy brings AI driven monitoring and browser based multiviewing to NAB Sho...
02/10/2026
Cobalt Digital's Pacific Line Wins Two Future Best of Show Awards at IBC
Brie Clayton October 1, 2026
0 Comments
Manufacturer receives honors from...
02/10/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
02/10/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
02/10/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
02/10/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
02/10/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
02/10/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
02/10/2026
Cinematographer Andres Arochi was on his way back from filming in Spain when he got the call that Tim Burton would be directing a music video for Lady Gaga and ...
02/10/2026
Cobalt Digital's Pacific Line Wins Two Future Best of Show Awards at IBC
Manufacturer receives honors from both TV Tech and TVB Europe for advancements in...
02/10/2026
Maxon, maker of powerful, approachable software solutions for creators working in 2D and 3D design, motion graphics, visual effects and visualization, today ann...
02/10/2026
The strengthened TriCaster portfolio increases accessibility to leading media technology, drives more creative experiences, and scales with every production wit...
02/10/2026
LA JOLLA, CA-To sense their environment and respond accordingly, cells enlist me...
02/10/2026
Local AI is becoming more useful by the token.
As AI agents move from experiments into everyday development, increasingly capable open models are shrinking to ...
01/10/2026
Big Blue Marble has announced the addition of live multiview channels to its Clo...
01/10/2026
The company CEO sees AI as a tool in speeding and enhancing product development
...
01/10/2026
Production, tech, crewing, and logistics teams draw on experience of a busy inau...
01/10/2026
The Partnership Will Support Filmmakers Worldwide Through Original Short Films I...
01/10/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
01/10/2026
For more than two decades, Disguise has powered some of the most ambitious live events and experiences in the world from Bad Bunny and Coachella to the Burj K...
01/10/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
01/10/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
01/10/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
01/10/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...