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Technology,
Civil Litigation,
9th U.S. Circuit Court of Appeals

Feb. 16, 2022

Trade groups seek en banc review of 9th Circuit net neutrality ruling

“The court should grant rehearing en banc to correct the panel’s mischaracterization of SB-822 as intrastate regulation and hold that — when correctly viewed as interstate regulation — SB-822 is preempted under both conflict and field preemption principles,” stated the petition.

Telecommunications trade groups have asked for 9th Circuit en banc review of a three-judge panel's holding that the Federal Communications Commission's deregulatory actions created a vacuum of authority that states are free to fill.

The trade groups representing internet service providers filed a petition for rehearing en banc on Friday regarding a January 2022 ruling which upheld California's 2018 net neutrality laws.

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