The United States Circuit Court of Appeals for the D.C. Circuit has scheduled oral argument in Verizon v. FCC – Verizon’s challenge to the FCC’s Net Neutrality rules. Oral argument will be September 9, 2013 at 9:30 a.m. before Judges Rogers, Tatel, and Senior Judge Silberman.
The Net Neutrality case has been the focus of significant speculation after the Supreme Court City of Arlington v. FCC held that the FCC’s determination of the scope of its authority to interpret and impose rules enforcing the Communications Act is entitled to Chevron deference. Indeed, the majority opinion in City of Arlington included a “hypothetical” that appeared to be a thinly-veiled reference to the net neutrality proceedings. Both Verizon and the FCC have filed supplemental briefings to the D.C. Circuit addressing the impact of City of Arlington.