
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
17/01/2026
Lightware, an industry leader in signal management, is helping to elevate the Google Meet experience with the introduction of an integration with Taurus UCX. Th...
17/01/2026
Clear-Com announced a strategic partnership with NETGEAR AV to offer four high-performance networking switches as original equipment manufacturer (OEM) solutio...
17/01/2026
QuickLink, a leading provider of award-winning video production and remote guest contribution solutions, today announced a new U.S. distribution partnership wit...
17/01/2026
NUGEN Audio announces the latest evolution of MasterCheck, its industry-trusted optimization plug-in for cross-platform mastering and loudness verification. Des...
17/01/2026
BHV has announced that it will highlight its new SportsBox remote vision mixer and picture processor at ISE in Booth #4H900 marking its official introduction in...
17/01/2026
Clear-Com will return to ISE 2026 to demonstrate its latest intercom solutions for broadcast, live production, and AV professionals. Exhibiting at Stand #4P700...
17/01/2026
Grass Valley, a leading provider in live production solutions, will exhibit at ISE 2026 in Barcelona from February 3 6, presenting its vision for how modern Bro...
17/01/2026
Utelogy Corporation, the global leader in connected workplace management, monitoring, control, automation and analytics closes out a record-breaking 2025. The c...
17/01/2026
FOR-A, a cutting-edge video broadcast technology company backed by more than 50 years experience, will showcase its innovative production solutions at ISE 2026 ...
17/01/2026
Techex, the UK-based expert in live video solutions over IP and cloud, today announced that Tim Jackson has joined the company as Senior Director of Sales and B...
17/01/2026
Redflag AI, an AI-powered content protection platform, and Akamai, the cybersecurity and cloud computing company that powers and protects business online, today...
17/01/2026
Encompass Digital Media has today announced the appointment of David Hunter as Chief Operating Officer (COO). As a highly respected technology and operations le...
17/01/2026
Glensound is set to showcase its audio and intercom solutions supporting broadcast, live events and professional AV environments at ISE 2026 (stand 7H800, Fira ...
17/01/2026
As Matrox Video marks its 50th year of innovation, the company will use ISE 2026 to showcase the latest advancements across its AV-over-IP ecosystem, highlighti...
17/01/2026
The Hollywood Professional Association (HPA) today announced the nominees for the 2026 HPA Awards Innovation & Technology, marking an expanded evolution of the ...
17/01/2026
Share Share by:
Copy link
Facebook
X
Whatsapp
Pinterest
Flipboard...
16/01/2026
From Berlin to London: Amazon delivers NBA Europe games for an international aud...
16/01/2026
How Vizrt, TriCaster Helped Harvard Athletics Embrace Vertical Video and More to...
16/01/2026
SVG GameDay, Ep. 1: PMY Group's Mike BonnerThe longtime industry veteran provides insight into his approach to producing live eventsBy Kristian Hern ndez, S...
16/01/2026
Attacking the Pin: Inside the PGA TOUR's Replay Remodel With Hawk-Eye Innova...
16/01/2026
Back to Unrivaled: TNT Sports Reconnects With Mediapro for the League's Soph...
16/01/2026
FloSports Orchestrates Mega Weekend Spotlighted by Chili Bowl Nationals, UCA & U...
16/01/2026
Eleven Projects to Be Developed at Annual January Screenwriters Lab; Nine Projec...
16/01/2026
Share Share by:
Copy link
Facebook
X
Whatsapp
Pinterest
Flipboard...
16/01/2026
Marshall Electronics is showcasing its VMV-402-3GSH Seamless 4X Switch at ISE 2026 (Booth 4N900). Designed for presentation systems, control rooms and remote pr...
16/01/2026
Share Share by:
Copy link
Facebook
X
Whatsapp
Pinterest
Flipboard...
16/01/2026
Graduate Spotlight: Nadia Castagna The educator, who grew up in Rochester, New York, shares how she went from Berklee to collaborating on meaningful programs ...
16/01/2026
Back to All News
Culinary Class Wars' Returns for Season 3, Raising the St...
15/01/2026
Milano Cortina 2026: OBS CEO Yiannis Exarchos Previews Production InnovationsFirst Person View drones, AI-based tech target greater fan engagement, efficiencyBy...
15/01/2026
Clever with cameras: Bringing the drama of the 2026 ISU European Figure Skating ...
15/01/2026
No stranger to ice: Host broadcaster Sunset Vine on pressure and planning for th...
15/01/2026
SVG Campus Shot Callers: Leah Gill, Associate Athletic Director, Digital Media, ...
15/01/2026
National Sports Broadcaster Perspectives: What to Expect in Production in 2026Leaders from ESPN, FOX Sports, Netflix, and Warner Bros. Discovery share their pro...
15/01/2026
From Berlin to London: Amazon delivers NBA Europe games for an international aud...
15/01/2026
LOS ANGELES, CA, January 15, 2026 - The nonprofit Sundance Institute today announced the appointment of David Linde as Chief Executive Officer. Linde will assum...
15/01/2026
Share Share by:
Copy link
Facebook
X
Whatsapp
Pinterest
Flipboard...
15/01/2026
Share Share by:
Copy link
Facebook
X
Whatsapp
Pinterest
Flipboard...
15/01/2026
Share Share by:
Copy link
Facebook
X
Whatsapp
Pinterest
Flipboard...
15/01/2026
Share Share by:
Copy link
Facebook
X
Whatsapp
Pinterest
Flipboard...
15/01/2026
Share Share by:
Copy link
Facebook
X
Whatsapp
Pinterest
Flipboard...
15/01/2026
Share Share by:
Copy link
Facebook
X
Whatsapp
Pinterest
Flipboard...
15/01/2026
Telos Alliance To Showcase Broadcast Audio and Intercom Innovations at ISE 2026
Search
Cleveland, Ohio (January 15, 2025) - Telos Alliance , trusted global...
15/01/2026
Back to All News
Nah Yung-suk Presents Take a Hike!' - A Snowy Reality Adv...
15/01/2026
Back to All News
Firebreak Premieres on Netflix February 20
Entertainment
15 January 2026
GlobalSpain
Link copied to clipboard
DOWNLOAD THE FIRST LOOK IMA...
15/01/2026
Back to All News
The Variety, Voices, and Vision Shaping What's Next on Net...
15/01/2026
Back to All News
Netflix and Sony Pictures Entertainment Enter New Pay-1 Deal W...
15/01/2026
The Hollywood Professional Association (HPA) today announced the nominees for th...
15/01/2026
Award-winning production solutions bridge traditional and next-generation workflows
FOR-A MixBoard
FOR-A IMPULSE
viztrick AiDi
MFR-3100EX...
15/01/2026
NVIDIA kicked off the year at CES, where the crowd buzzed about the latest gaming announcements - including the native GeForce NOW app for Linux and Amazon Fire...
14/01/2026
Tech Focus: Audio Consoles, Part 2 - New Options for Virtual MixingA variety of solutions offer both technical and economic benefitsBy Dan Daley, Audio Editor
...