
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.
Most recent headlines
05/01/2027
Worlds first 802.15.4ab-UWB chip verified by Calterah and Rohde & Schwarz to be ...
07/10/2026
Dalet, a leading technology and service provider for media-rich organizations, today announced the latest Long-Term Supported (LTS) release of Dalet Flex. Build...
06/09/2026
June 9 2026, 23:00 (PDT) Dolby and MagentaTV Bring Fans Closer to the FIFA Worl...
11/08/2026
LiveUs LU900Q intelligent production unit played a central role in the host broadcast operation for the Games in Glasgow (July 23 to August 2, 2026). The host b...
11/08/2026
Jigsaw24 has appointed James Morse as Client Director, Media Sales, as it deepens its focus on sports, live events and integrated production. His appointment co...
11/08/2026
Net Insight today announced that DMC Production Norway has selected its Open Live Media solution to centralize the production of Blinkfestivalen 2026. Combining...
11/08/2026
Modular HEVC and JPEG XS workflows enabled resilient, ultra-low-latency delivery for leading linear and digital media platforms across all 104 matches
Appear A...
11/08/2026
Homecoming Artist Spotlight: Fabiola M ndez The first cuatrista to graduate from Berklee talks about the community that shaped her career ahead of her Homecom...
11/08/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
11/08/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
11/08/2026
Dalet, a leading technology and service provider for media-rich organizations, today announced Dalet Solution Suites, a new portfolio of cloud-native solutions ...
11/08/2026
Mediagenix, a global leader in smart content solutions to profitably connect the right content to the right audience, will showcase how media companies can prep...
11/08/2026
Transforming your audience into advocates with Kelsey Gamble 10 August 2026
Building community, harnessing fandom for marketing and activating the four stages ...
11/08/2026
A Day in May airs Wednesday 12 August at 9.35pm RT One and RT Player
A Day in May revisits the people and stories behind Ireland's historic marriage equa...
11/08/2026
As AI shifts from chatbots to autonomous agents, open models are serving market ...
11/08/2026
The open source ecosystem is making it easier for AI enthusiasts and developers to build, customize and run increasingly capable agents locally.
Throughout Au...
10/08/2026
Weekly immersive broadcasts will feature 8K 3D video, a 180-degree field of view...
10/08/2026
Saturation plug-in free until 20 August 2026
fedDSP have announced the launch of Raiju, a new guitar pedal-style saturation plug-in that's capable of de...
10/08/2026
New mix-comparison & feedback tool
Independent Swedish record label I/O Music have recently released a handy new tool that provides artists, engineers, prod...
10/08/2026
Additive soft synth gains free counterpart
Sound Radix have just released a free monophonic additive software synth that's based on the same engine as t...
10/08/2026
Chroma integrates MXO oscilloscopes into ATS 8000 platform, rounding out its hig...
10/08/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
10/08/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
10/08/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
10/08/2026
Students in the Technology and Applied Composition (TAC) program at the San Francisco Conservatory of Music (SFCM) gain rare, real world experience in professio...
10/08/2026
FOR-A is using its presence at IBC2026 (stand 2.B53, Amsterdam RAI, 11 14 September) to show how its products deliver the answers to the real challenges faced...
10/08/2026
Frontier EU, official Peplink distributor for Europe, will exhibit at IBC 2026 in Amsterdam from 11 to 14 September, presenting live demonstrations of how Pepli...
10/08/2026
Remote Editing Without Cloud Storage Premiere Pro
Michael Cioni August 10, 2026
0 Comments
This is a step-by-step guide that demonstrates how to setup...
10/08/2026
Stunning Pixelated ASCII Effect for Apple Motion
Simon Ubsdell August 10, 2026
0 Comments
Apple Motion is perfect for building this popular ASCII unic...
10/08/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
10/08/2026
Monday 10 August 2026
Welcome to the Show : Sky Creative unites football fans w...
10/08/2026
Red Seat Ventures' Speakeasy Brings Video to Apple Podcasts, Beginning with ...
10/08/2026
A major unconventional operator increased monthly pumping hours by more than 30% by automating critical frac completion processes and eliminating common sources...
10/08/2026
Today, Apple and Major League Baseball (MLB) unveiled the September schedule for...
09/08/2026
Combines physical modelling with subtractive synthesis
reFX, the company behind the popular Nexus and Vanguard2 soft synths have announced the launch of the...
09/08/2026
Human nuance is not a switch
Dreamtonics have built up a solid reputation off the back of their Synthesizer V Studio software, a powerful vocal-synthesis t...
09/08/2026
COW Jobs: Documentary Editor - Remote
Brie Clayton August 9, 2026
0 Comments
Documentary Editor
July 31, 2026COW Jobs: Lead Generation Representativ...
08/08/2026
Enhanced ToneNET integration & 220 new Premium V2 Tone Models
IK Multimedia have just launched a public beta of Tonex 2.0, a release which is said to repres...
08/08/2026
Honouring the drum machine that redefined modern music
Roland have announced their plans for this year's 808 Day, a day that was founded to celebrate th...
08/08/2026
The National Film and Video Foundation (NFVF), an agency of the Department of Sp...
08/08/2026
Star Wars Hyperspeed Tutorial: The No-Echo Method in After Effects
Graham Quince August 8, 2026
0 Comments
The Echo Effect to create long streaks is n...
08/08/2026
Chyron Releases AXIS 4.0 With Expanded News Workflows and Richer Map Storytellin...
08/08/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
08/08/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
08/08/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
08/08/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
08/08/2026
Foundry Unlocks Professional-Grade AI for VFX with Griptape Enterprise; Appoints...
08/08/2026
Award Winning New Horror Film Shot Using Blackmagic Camera App
Brie Clayton August 7, 2026
0 Comments
Fire Alive, shot using the Blackmagic Camera i...
08/08/2026
The global buildout of AI infrastructure reached a new milestone today - Firebird, an emerging AI cloud, launched the CIS region's largest AI factory in Arm...
07/08/2026
Diversified has appointed industry veteran Pete Emminger as global chief technology officer. Emminger will lead the company's global go-to-market technology...