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BG&A’s “Major Questions” Argument Adopted By Two Dissenting Judges In Open Internet Order Case on Rehearing Petition

On behalf of TechFreedom, CARI.net, and individual tech innovators, BG&A filed briefs before the Court of Appeals for the D.C. Circuit in 2015, arguing that the FCC’s Open Internet Order is unlawful. A divided panel upheld the FCC’s Order, and BG&A filed a petition for rehearing en banc. Throughout the litigation, BG&A argued that Chevron deference was unwarranted because the FCC’s arrogation of power to regulate…

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