
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
17/04/2026
The World Fencing League (WFL) has announced DAZN as its primary global streamin...
17/04/2026
ARRI Releases ALEXA 35 SUP 6.0 and LPS-1 SUP 1.3 Software Updates
ARRI has announced software updates for its ALEXA 35 Live camera and Live Production System L...
17/04/2026
Sennheiser has announced Spectera Studio, an offline system planner for its Spec...
17/04/2026
Deltatre and the German Football Association (DFB) have announced DFB.TV+, a DFB-owned direct-to-consumer streaming service developed and operated by Deltatre. ...
17/04/2026
Global sports marketing agency IMG has announced new senior leadership roles, designed to strengthen how it supports rightsholders and partners in the midst of ...
17/04/2026
NAGRAVISION and Harmonic have announced a watermarking-as-a-service solution for...
17/04/2026
NETGEAR and EVS Broadcast Equipment have announced a global technology partnersh...
17/04/2026
America's broadcasters are launching the NEXTGEN TV Converter Box Program, a new initiative designed to provide millions of American viewers with a low-cost...
17/04/2026
Quantum Corp. will exhibit at NAB Show 2026 (Booth N1726), presenting what it ca...
17/04/2026
Leadership and Staff Announce '20/20 Vision' Playbook...
17/04/2026
TNT Sports has announced a multi-year agreement for U.S. media rights to the FIA World Endurance Championship (WEC). Three events will air on truTV - the 24 Hou...
17/04/2026
Scripps Sports has announced a multi-year broadcast partnership with PBR (Profes...
17/04/2026
Adder Technology, a specialist in connectivity solutions and high performance IP KVM, today announced the latest release of AIM, its IP KVM matrix management so...
17/04/2026
Victory , a free sports streaming platform from A Parent Media Co. Inc. (APMC), has announced a multi-year content distribution partnership with the Dallas Cowb...
17/04/2026
In-venue and creative video staffers at the professional and collegiate level have one major thing in common: the intensity and attention to detail ramps up dur...
17/04/2026
Quickplay has announced the full-scale deployment of Gray Media's streaming ...
17/04/2026
Clear-Com has introduced the FreeSpeak Cell cellular-based wireless intercom system that uses LTE and 5G infrastructure to support large-scale production commun...
17/04/2026
The 2026 NAB Show kicks off Saturday, April 18, with the show floor and exhibits opening April 19-22 at the Las Vegas Convention Center. The show features more ...
17/04/2026
Ratings Roundup is a rundown of recent rating news and is derived from press rel...
17/04/2026
L3Harris towed array systems provide U.S. Navy submarines with extended acoustic...
17/04/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
17/04/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
17/04/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
17/04/2026
Cobalt Digital and SineSix Media Partner to Transform Accessibility Compliance into a More Engaging Viewer Experience at NAB Show 2026
Collaboration integrates...
17/04/2026
Strengthening Appear's North America team with a new Vice President of Business Development
Appear ASA (Appear, OSE: APR), a global leader in live producti...
17/04/2026
New framework helps broadcasters, streaming platforms, and sports organizations apply AI to live video for monetization, metadata, highlights, and downstream wo...
17/04/2026
New whitepaper gives broadcasters and OTT operators independent, codec-by-codec evidence that the VisualOn Optimizer transforms viewer quality of experience.
V...
17/04/2026
Blackmagic Design Announces New Blackmagic URSA Cine Immersive 100G
Brie Clayton April 17, 2026
0 Comments
World's first immersive cinema camera f...
17/04/2026
NAB 2026: Vubiquity and Eluvio Showcase Streaming Solution that Significantly Re...
17/04/2026
What Makes a Good Marathon Running Playlist? We asked Xander Dawson, an eighth-semester saxophone major at Boston Conservatory running the Boston Marathon thi...
17/04/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
17/04/2026
At NAB Show 2026, PTZOptics (Booth N1902) will showcase a live sports streaming demo created in collaboration with Moondream, offering a new look at how Visual ...
17/04/2026
The Eindhoven University of Technology is a research university in the Netherlands spanning 25 buildings, specialising in engineering, science and technology. D...
17/04/2026
Documentary Editor - US, Remote
Brie Clayton April 17, 2026
0 Comments
Documentary Editor
April 13, 2026Freelance Video Cameraman - Los......
17/04/2026
Blackmagic Design Announces New Blackmagic URSA Cine 12K LF 100G
Brie Clayton April 17, 2026
0 Comments
Revolutionary digital film camera brings cinem...
17/04/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
17/04/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
17/04/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
17/04/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
17/04/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
17/04/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
17/04/2026
Dubformer, the AI-powered dubbing platform, and Adapt, a global leader in AI-driven localization and dubbing solutions, have enabled Goalcast, the inspirational...
17/04/2026
At NAB 2026, Mavis will launch Mavis Studio, a new live production app for iPad that gives creators, broadcasters, and production teams a powerful new way to bu...
17/04/2026
Avid and Google Cloud today announced a multi-year strategic partnership to integrate generative and agentic AI into the media and entertainment industry's...
17/04/2026
At NAB Show, LucidLink will showcase how its platform brings content, people and workflows closer together than ever before, with newly available capabilities a...
17/04/2026
Beth Morrison and Moses Pendleton to be Honored at Boston Conservatory at Berkle...
17/04/2026
Jacob Collier, Jill Scott, and Vinnie Colaiuta to Receive Honorary Doctorates at...
17/04/2026
Telos Alliance Introduces Four New Products at the 2026 NAB Show in Las Vegas
Search
Cleveland, Ohio (April 17, 2026) - Telos Alliance , trusted global le...
17/04/2026
Back to All News
A Turn-of-the-Century Superpower Adventure of Goofy Misfits: ...
16/04/2026
Appear ASA (OSE: APR) will announce three additions to its X Platform at NAB Sho...