
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 ...
14/10/2026
Staines-upon-Thames, UK, 13, October, 2026 - Yospace, the trusted leader in Dynamic Ad Insertion (DAI), has been selected by Court TV to monetize its ad-suppor...
14/10/2026
The Silicon Valley Video Summit (SVVS), the premier gathering for the region'...
14/10/2026
Hosted at Warner Bros. Discovery's Techwood Studios, the event explored the ...
14/10/2026
Tape simulator plug-in gains native version
Universal Audio's recreation of the Empirical Labs FATSO has just become the latest of the company's plu...
14/10/2026
Bitwig Studio now integrates with Rekordbox
Bitwig have joined forces with AlphaTheta to bring together two different areas of modern music creation: DJing ...
14/10/2026
New granular synthesis plug-in revealed
Delta Sound Labs have just launched a new granular synthesis plug-in that allows composers, producers and sound desi...
14/10/2026
Double the Eurovision!
14 October, 2026
Media releases
SBS turns up the volume as the official Australian broadcaster for Eurovision Asia
Also, the searc...
14/10/2026
Mastering complex signal environments: Rohde & Schwarz launches new R&S ADD607 c...
14/10/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
14/10/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
14/10/2026
SMPTE, the home for media professionals, technologists and engineers, is expanding its presence in Africa through a series of industry events in South Africa th...
14/10/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
14/10/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
14/10/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
14/10/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
14/10/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
14/10/2026
HuskerVision, the video production and multimedia operation for University of Nebraska Athletics, has deployed Grass Valley K-Frame production switchers and LDX...
14/10/2026
Eden Project, the UK-based visitor attraction, social enterprise and educational charity, is using the LiveU EcoSystem to produce and deliver its new Eden Proje...
14/10/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
14/10/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
14/10/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
14/10/2026
IPC Announces Plans to Showcase its One Connect Intercom Platform at
NAB New York 2026
Visit IPC as a Featured Vendor in the Dale Pro Audio Booth
IPC, a le...
14/10/2026
Dr Trauma selected for Dynamic Television Scripted Initiative 14 October 2026
L-R: Sarah Bailey, Troy Lum.
Screen Australia and Dynamic Television today annou...
14/10/2026
3D Artists Design Cars for GTA VI in a No-AI Rendering Challenge
Brie Clayton October 13, 2026
0 Comments
3DModels.org has opened its annual Car Rende...
14/10/2026
RE:Vision Effects Announces ARRI Film Lab 1.5 Release
Brie Clayton October 13, 2026
0 Comments
ARRI Film Lab 1.5 adds many user requested features inc...
14/10/2026
MTI FILM DRS Nova V7.0 Major Release Now Available
Brie Clayton October 13, 2026
0 Comments
A step forward in digital film restoration
DRS Nova V7.0 ...
14/10/2026
As our world becomes increasingly digital, demand for electricity is surging while the transition to cleaner energy systems is creating new challenges. Yet desp...
13/10/2026
#GALSNGEAR has released Season 3 of its Tequity Talk podcast, with new episodes dropping every Tuesday through December 15. Hosted and executive produced by #GA...
13/10/2026
Most Valuable Promotions (MVP) has appointed Joe Setley as Senior Vice President...
13/10/2026
Zixi and TAG Video Systems have announced an extended integration enabling the Z...
13/10/2026
LTN has announced an integration between LTN Schedule Playout and Sony's Ci Media Cloud platform, connecting cloud-based media management with linear playou...
13/10/2026
Infront has established a new management structure for Infront Productions. Amikam Kranz, Senior Vice President Media, Betting, Technology and Production, assum...
13/10/2026
Just Women's Sports (JWS) has announced three developments: the acquisition ...
13/10/2026
Cinematographer Philip Lozano AFC used the Sony Rialto Mini (VENICE Extension Sy...
13/10/2026
In a fundamental change, one expensive act of content creation could become many...
13/10/2026
The annual event will explore streaming, personalization, partnering with indepe...
13/10/2026
Freestyle Chess has announced a partnership with Game+, bringing coverage to 3.5 million households across Canada and the United States. The partnership launche...
13/10/2026
The St. Louis Blues and Gray Media have announced a multi-year partnership to si...
13/10/2026
Spalk has announced expanded multilingual commentary partnerships with the NBA and NFL. For the NBA, Spalk will provide remote broadcasts in Greek, Portuguese, ...
13/10/2026
Every NHL team. Five hours of nonstop hockey. ESPN's Frozen Frenzy is back
The busiest night of the NHL season returns tonight with ESPN's NHL Frozen F...
13/10/2026
The longtime production-facilities provider also continues to roll out new mobil...
13/10/2026
Behind The Mic provides a roundup of recent news regarding on-air talent, includ...
13/10/2026
StreamU, the college athletics livestreaming network from TheLinkU and Twitch, has opened its first on-campus content studio at UC Berkeley. Cal student-athlete...
13/10/2026
By Ramona Flume
One of the most exciting things about the Sundance Film Festiva...
13/10/2026
Two new MPE-capable libraries announced
Sonora Cinematic's The Founders Locker line-up has just gained two new additions: Penombra Celli and Penombra Vi...
13/10/2026
Debut offering in new oneTHNG plug-in series
Modular synth experts Modbap have just announced the launch of Fidelity Theory, a new creative effect that mark...
13/10/2026
Last week, SGL Carbon celebrated the expansion of its production capacity at its St. Marys site (USA). SGL Carbon has invested around USD 100 million in the exp...
13/10/2026
Rohde & Schwarz presents unique R&S NTS transfer standards for RF power traceabi...
13/10/2026
The Minister of Sport, Arts and Culture, Mr Gayton McKenzie, invites suitably qu...