Ending nearly two decades of fighting and uncertainty over broadband regulation, a unanimous U.S. Court of Appeals for the Sixth Circuit struck down the Federal Communications Commission’s net-neutrality rules, which would have reclassified broadband as a common carrier subject to public-utility-style regulation. The New York Times called the January 2 ruling “one of the highest-profile examples yet of an appeals court wielding newfound authority after the Supreme Court’s Loper Bright decision,” which overturned Chevron deference.
S&C represented NCTA – The Internet & Television Association, USTelecom – The Broadband Association, and Ohio Telecom Association. Jeff Wall, the head of S&C’s Supreme Court and Appellate Practice, delivered the oral argument and led the briefing on behalf of a broader coalition of industry participants. S&C previously obtained a critical stay of these rules from the Sixth Circuit.
In addition to Jeff Wall, the S&C team included partner Morgan Ratner and associate Max Gottschall.
This case marks the latest victory for S&C in high-profile cases challenging agency rulemaking under the Administrative Procedure Act. In August, S&C, on behalf of the U.S. Chamber of Commerce and Business Roundtable, secured the first nationwide decision vacating the Federal Trade Commission’s noncompete rule. In November, S&C, on behalf of the Crypto Freedom Alliance of Texas and the Blockchain Association, obtained a summary judgment decision vacating the Securities and Exchange Commission’s rules expanding the definition of “dealers” that must register under the Securities Exchange Act.