The Supreme Court, in multiple opinions including the recent West Virginia v. EPA, has invoked the Major Questions Doctrine to curtail Chevron deference and perceived agency overreach on matters of national significance. And yet, just as the Supreme Court has signaled a robust skepticism toward inventive agency interpretation, the current administration has laid out an expansive agenda for enforcement and policymaking. At the FCC, the agency is tackling major policy issues like national security protection of our wireless networks, spectrum auctions and sharing, and possibly net neutrality, among others. Predicting where a reviewing court will draw the line between an implicit congressional delegation to the FCC to regulate and a lack of clear agency authority requires understanding a complex statutory scheme and the history of the Major Questions Doctrine as applied to the Communications Act.
Join Venable's Communications Practice members Laura Stefani, Craig Gilley, and Liz Clark Rinehart as they host an interactive discussion outlining the Major Questions Doctrine and its impact on communications law, with practical insight into what the future might bring and strategies for navigating uncertainty in our increasingly interconnected world.
Craig Gilley, Partner, Venable LLP
Laura Stefani, Partner, Venable LLP
Liz Clark Rinehart, Associate, Venable LLP