
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 ...
04/08/2026
Dalet, a leading technology and service provider for media-rich organizations, t...
04/07/2026
April 7 2026, 19:00 (PDT) Detective Conan: Fallen Angel of the Highway Opens in...
01/06/2026
January 6 2026, 05:30 (PST) Dolby Sets the New Standard for Premium Entertainment at CES 2026
Throughout the week, Dolby brings to life the latest innovatio...
02/05/2026
Dalet, a leading technology and service provider for media-rich organizations, t...
01/05/2026
January 5 2026, 18:30 (PST) NBCUniversal's Peacock to Be First Streamer to ...
20/04/2026
Register now - Market & Audience Department Ask Me Anything (AMA) Session 11 February 2026
Screen Australia Head of Market & Audience Rakel Tansley
Talking to...
20/04/2026
Screen Australia announces funding for 44 documentary projects that reflect a s...
20/04/2026
Screen Australia appoints Tanya Phegan as Narrative Content Head of Development 17 March 2026
Tanya Phegan
Screen Australia has today announced the appointmen...
20/04/2026
Applications Open for Skip Ahead 11 19 March 2026
Past Skip Ahead recipients (L-R): Macfarlane Bros, Rainbow Bop, Lyanna Kea.
Screen Australia and YouTube Aus...
20/04/2026
Screen Australia empowers the next games generation, including new creatives fro...
20/04/2026
Official Co-production Ask Me Anything (AMA) Session 26 March 2026
Image (L-R): Mix Tape, Michele McDonald, Flower & Flour.
Interested in international Co-pro...
20/04/2026
Screen Australia announces Narrative Content funding for 91 projects, including ...
20/04/2026
Production Infrastructure and Capacity Analysis (PICA) pinpoints four key workfo...
20/04/2026
Australians in Film and Screen Australia Announce the 2026 Participants in the T...
20/04/2026
Screen Australia relaunches website with new tools and improved user experience 16 April 2026
Screen Australia relaunches website
Screen Australia has relaun...
20/04/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
20/04/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
20/04/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
20/04/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
19/04/2026
Blackmagic Design has announced the ATEM 4 M/E Constellation IP and ATEM 4 M/E Constellation IP Plus, two SMPTE 2110-native live production switchers. The ATEM ...
19/04/2026
Grass Valley is finding the right balance between its hardware heritage with an ...
19/04/2026
Oracle's strategy rests on the foundational strengths of Oracle Cloud Infras...
19/04/2026
Program Productions, the live sports production industry's leading crewer, i...
19/04/2026
At the 2026 NAB Show in Las Vegas, SVG sat down with Joe Scionti, Account Manage...
19/04/2026
At its 2026 NAB Show keynote event, Ross Video came out swinging with one of its...
19/04/2026
Evertz (Booth N817) is set to present new services within its evertz.io platform...
19/04/2026
Evertz (Booth N817) will showcase its IPMX-certified NUCLEUS platform alongside ...
19/04/2026
Evertz (Booth N817) is set to showcase ENX at NAB 2026, a media core platform designed to support hybrid SDI and IP infrastructures in production facilities and...
19/04/2026
Evertz (Booth N817) will introduce Studer VistaVUE Touch at NAB 2026, a control surface designed to integrate audio, video and control workflows within a custom...
19/04/2026
Evertz (Booth N817) will highlight X-CALIBER at NAB 2026, an encoding and decodi...
19/04/2026
Cobalt Digital (Booth N1340) will introduce the blueCORE family of standalone si...
19/04/2026
Chyron and Asport (Booth N2441) will demonstrate an integrated sports video work...
19/04/2026
MediaKind (Booth W1743) provided an update on its Multiview deployments at NAB S...
19/04/2026
Calrec (Booth C6907) and Grass Valley (Booth C2408) announced a long-term broadc...
19/04/2026
Oracle is bringing a multi-partner demonstration of Media over QUIC (MoQ)-based live streaming to NAB Show 2026, showcasing how independent systems from multipl...
19/04/2026
Encompass Digital Media announced an expanded partnership with Oracle Cloud Infr...
19/04/2026
The NAB Show is in full swing, and the SVG and SVG Europe editorial teams are chasing down the hottest stories from all over the Las Vegas Convention Center. He...
19/04/2026
Blackmagic Design has announced the ATEM 4 M/E Constellation IP and ATEM 4 M/E Constellation IP Plus, two SMPTE 2110-native live production switchers. The ATEM ...
19/04/2026
Now available in VST3, AU and AAX formats
Waves have recently released an update that extends their vocal-alignment plug-in's capabilities to all DAWs -...
19/04/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
19/04/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
19/04/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
19/04/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
19/04/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
19/04/2026
Amagi, the agentic industry cloud platform for unified broadcast, streaming, and monetization, today announced that AccuWeather , the most trusted source of wea...
19/04/2026
Calrec (Booth:C6907) and Grass Valley (Booth: C2408) are today announcing a long-term broadcast audio technology partnership at NAB Show 2026. The companies are...
19/04/2026
Ikegami announces a further expansion to its range of on-camera viewfinders. Scheduled for introduction on Ikegamis Central Hall booth C3819 at the April 19th -...
19/04/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...
19/04/2026
Share
Copy link
Facebook
X
Linkedin
Bluesky
Email...