The $30 million toe in the water
The Supreme Court has upheld the Federal Communications Commission's (FCC) ability to penalize AT&T and Verizon, ruling 2-1 that the regulations were lawful. The case was argued in November 2024, with the Biden administration defending the rules, but a ruling was not issued until November 2025.
The Trump administration remarked it viewed the regulations as 'factually and legally flawed.' A coalition of energy companies, led by the American Gas Association, filed a petition to the Supreme Court earlier this year, arguing the justices should reverse the D.C. Circuit's ruling as a violation of the standard set in the 2024 ruuling, which limited federal agencies' rulemaking ability.
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The petition warned that Biden-era rules at the center of the lawsuit would 'force millions of Americans with gas appliances to either renovate their homes or switch to electric appliances.' The Trump administration said it wanted the high court to quickly toss the D.C. Circuit's ruling and send it back to the appeals court 'because the government agrees that the rules at concern rest on a legal error.'
The brief from Solicitor General D. John Sauer said that the Department of Energy under President Donald Trump 'has determined that the rules at issue are factually and legally flawed, and the agency is considering a new rulemaking in which it would correct those errors.'
Tehran's two-track response
The coalition of energy companies said they didn't oppose the Trump administration's request to toss the ruling and return to the appeals court, saying such a decision should happen 'at minimum.' The Supreme Court did just that with its Monday order, allowing the legal war over the regulations to continue back in the D.C. Circuit.
The Supreme Court has already announced 11 cases it will hear in the next term, though will likely add dozens more cases over the coming months. For the current Supreme Court term, which is set to conclude in the coming weeks, the high court is next scheduled to issue opinions in pending cases it heard earlier this term on Thursday.
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The case has been ongoing for months, with the Biden administration defending the rules and the Trump administration arguing that they are 'factually and legally flawed.' The coalition of energy companies has been pushing for the Supreme Court to reverse the D.C. Circuit's ruling, arguing that it would 'force millions of Americans with gas appliances to either renovate their homes or switch to electric appliances.'
The Supreme Court's ruling has given the FCC the power to penalize AT&T and Verizon, but the battle over the regulations is far from over. The case will continue to be heard in the D.C. Circuit, with the coalition of energy companies pushing for the Supreme Court to reverse the ruling.
A familiar pattern from the 2019 crash
The case has echoes of the 2019 crash, where the Supreme Court ruled that the FCC had the power to regulate the internet. The ruling was seen as a major victory for the FCC, but it also sparked a backlash from internet service providers, who argued that the regulations were too restrictive.
The current case has similar themes, with the coalition of energy companies arguing that the regulations are too restrictive and will 'force millions of Americans with gas appliances to either renovate their homes or switch to electric appliances .'
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