940 F.3d 1 (D.C. Cir. 2019), 18-1051, Mozilla Corp. v. Federal Communications Commission

Docket Nº:18-1051, 18-1052, 18-1053, 18-1054, 18-1055, 18-1056, 18-1061, 18-1062, 18-1064, 18-1065, 18-1066, 18-1067, 18-1068, 18-1088, 18-1089, 18-1105
Citation:940 F.3d 1
Opinion Judge:PER CURIAM:
Party Name:MOZILLA CORPORATION, Petitioner v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents City and County of San Francisco, et al., Intervenors
Attorney:Pantelis Michalopoulos, Washington, DC, and Kevin Kendrick Russell argued the causes for non-government petitioners. With them on the joint briefs were Cynthia L. Taub, Markham C. Erickson, Washington, DC, Michael A. Cheah, Brian M. Willen, New York, NY, Donald J. Evans, Valparaiso, IN, Sarah J. ...
Judge Panel:Before: Millett and Wilkins, Circuit Judges, and Williams, Senior Circuit Judge. Opinion concurring in part and dissenting in part filed by Senior Circuit Judge Williams. Millett, Circuit Judge, concurring: Wilkins, Circuit Judge, concurring: Williams, Senior Circuit Judge, concurring in part and...
Case Date:October 01, 2019
Court:United States Courts of Appeals, Court of Appeals for the District of Columbia Circuit
 
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940 F.3d 1 (D.C. Cir. 2019)

MOZILLA CORPORATION, Petitioner

v.

FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents City and County of San Francisco, et al., Intervenors

Nos. 18-1051, 18-1052, 18-1053, 18-1054, 18-1055, 18-1056, 18-1061, 18-1062, 18-1064, 18-1065, 18-1066, 18-1067, 18-1068, 18-1088, 18-1089, 18-1105

United States Court of Appeals, District of Columbia Circuit

October 1, 2019

Argued February 1, 2019

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On Petitions for Review of an Order of the Federal Communications Commission

Pantelis Michalopoulos, Washington, DC, and Kevin Kendrick Russell argued the causes for non-government petitioners. With them on the joint briefs were Cynthia L. Taub, Markham C. Erickson, Washington, DC, Michael A. Cheah, Brian M. Willen, New York, NY, Donald J. Evans, Valparaiso, IN, Sarah J. Morris, Matthew F. Wood, Colleen Boothby, James N. Horwood, Tillman L. Lay, Jeffrey M. Bayne, Washington, DC, Katherine J. O’Konski, Andrew Jay Schwartzman, Harold J. Feld, and Lisa A. Hayes. Washington, DC, Keenan P. Adamchak McLean, VA, and Kevin S. Bankston, entered appearances.

Stephanie Weiner argued the cause for intervenors Internet Association et al. et al. in support of petitioners. With her on the briefs were Christopher J. Wright, Scott Blake Harris, Washington, DC, E. Austin Bonner, Matt Schruers, Washington, DC, John A. Howes, Jr., and Anthony R. Segall, Pasadena, CA.Maria K. Myers entered an appearance.

Danielle L. Goldstein and Steven C. Wu, Deputy Solicitor General, Office of the Attorney General for the State of New York, argued the causes for government petitioners. With them on the briefs were Barbara D. Underwood, Attorney General at the time the brief was filed, Office of the Attorney General for the State of New York, Arocles Aguilar, Helen M. Mickiewicz, Lisa-Marie G. Clark, Kimberly Lippi, Ester Murdukhayeva, Assistant Solicitor General, Office of the Attorney General for the State of New York, James R. Williams, Greta Hansen, Xavier Becerra, Attorney General, Office of the Attorney General for the State of California, Sarah E. Kurtz, Deputy Attorney General, Nicklas A. Akers, Senior Assistant Attorney General, George Jepsen, Attorney General, Office of the Attorney General for the State of Connecticut, Jonathan J. Blake, Assistant Attorney General, Jeffrey T. Pearlman, Phillip R. Malone, Matthew P. Denn, Attorney General, Office of the Attorney General for the State of Delaware, Christian D. Wright, Director, Consumer Protection, Thomas J. Miller, Attorney General, Office of the Attorney General for the State of Iowa, Benjamin E. Bellus, Assistant Attorney General, Russell A. Suzuki, Attorney General at the time the brief was filed, Office of the Attorney General for the State of Hawai’i, Clyde J. Wadsworth, Solicitor General, Lisa Madigan, Attorney General, Office of the Attorney General for the State of Illinois, David Franklin, Solicitor General, Andrew G. Beshear, Attorney General, Office of the Attorney General for the Commonwealth of Kentucky, Maura Healey, Attorney General, Office of the Attorney General for the Commonwealth of Massachusetts, Jared Rinehimer, Assistant Attorney General, Janet T. Mills, Attorney General at the time the brief was filed, Office of the Attorney General for the State of Maine, Brendan O’Neil, Assistant Attorney General, Brian E. Frosh, Attorney General, Office of the Attorney General for the State of Maryland, Richard L. Trumka, Jr., Assistant Attorney General, Lori Swanson, Attorney General, Office of the Attorney General for the State of Minnesota, Joseph C. Meyer, Assistant Attorney General, Hector Balderas, Attorney General, Office of the Attorney General for the State of New Mexico, Tania Maestas, Deputy Attorney General, James M. Hood, Attorney General, Office of the Attorney General for the State of Mississippi, Crystal Utley Secoy, Special Assistant Attorney, Gurbir S. Grewal, Attorney General, Office of the Attorney General for the State of New Jersey, Jeremy M. Feigenbaum, Assistant Attorney General, Joshua H. Stein, Attorney General, Office of the Attorney General fo r the State of North Carolina, Kevin Anderson, Senior Deputy Attorney General, Peter Kilmartin, Attorney General, Office of the Attorney General for the State of Rhode Island, Michael W. Field, Assistant Attorney General, Ellen F. Rosenblum, Attorney General, Office of the Attorney General for the State of Oregon, Andrew Shull, Senior Assistant Attorney General, Josh Shapiro, Attorney General, Office of the Attorney General for the Commonwealth of Pennsylvania, Michael J. Fischer, Chief Deputy Attorney General, Thomas J. Donovan, Jr., Attorney General, Office of the Attorney General for the State of Vermont, Christopher J. Curtis, Chief, Public Protection Division, Karl A. Racine, Attorney Genera l, Office of the Attorney General for th e District of Columbia, Loren L. AliKhan, Solicitor General, Mark R. Herring, Attorney General, Office of the Attorney General for the Commonwealth of Virginia, Samuel T. Towell, Deputy Attorney General, Robert W. Ferguson, Attorney General, Office of the Attorney General for the State of Washington, Tiffany Lee, Assistant Attorney General, Dennis J. Herrera, and William K. Sanders. Bryan C. Yee, Deputy Attorney General, Office of the Attorney General for the State of Hawai’i, Sarah E. Kurtz, Deputy Attorney General, Office of the Attorney General for the State of California, Michael C. Wertheimer, Assistant Attorney General, and John S. Story, Attorney, Office of the Attorney General for the State of Connecticut, Theresa C. Mueller, Jennifer M. Murphy, and James B. Ramsey, entered appearances.

Christopher Jon Sprigman, New York, NY, was on the brief for amici curiae Members of Congress in support of petitioners.

Mitchell Stoltz and Corynne McSherry were on the brief for amicus curiae Electronic Frontier Foundation in support of petitioners.

Christopher T. Bavitz was on the brief for amicus curiae Engine Advocacy in support of petitioners.

MacKenzie Fillow, Edward N. Siskel, Michael P. May, and Karen L. Moynahan, Portland, OR, were on the brief for amici curiae The City of New York and 27 other local governments, mayors and municipal organizations in support of petitioners.

Allen S. Hammond, IV was on the brief for amici curiae Professors of Administrative, Communications, Energy, Antitrust, and Contract Law and Policy in support of petitioners.

Jessica L. Ellsworth, Washington, DC, and Matthew Higgins were on the brief for amici curiae The American Council on Education and 19 other education and library associations in support of petitioners.

Henry Goldberg, Washington, DC, and Devendra T. Kumar were on the brief for amicus curiae eBay Inc. in support of petitioners.

Adrienne E. Fowler, Washington, DC, was on the brief for amicus curiae Twilio Inc. in support of petitioner.

Andrew Jay Schwartzman and James T. Graves, Seattle, WA, were on the brief for amicus curiae Consumer Reports in support of petitioners.

Thomas H. Vidal, Los Angeles, CA, was on the brief for amici curiae Professors Scott Jordan and Jon Peha in support of petitioners.

Michael J. Burstein was on the brief for amici curiae Professors of Communications Law in support of petitioners.

Paul Goodman and Yosef Getachew were on the brief for amici curiae Common Cause, et al. in support of petitioners and vacation of the order.

William Michael Cunningham, pro se, was on the brief for amicus curiae William Michael Cunningham in support of the public interest.

Thomas M. Johnson Jr, General Counsel, Federal Communications Commission, argued the cause for respondents. With him on the brief were Kristen C. Limarzi and Nickolai G. Levin, Attorneys, U.S. Department of Justice, David M. Gossett, Deputy General Counsel, Federal Communications Commission, Jacob M. Lewis, Associate General Counsel, and James M. Carr and Scott M. Noveck, Counsel. Robert J. Wiggers, Attorney, U.S. Department of Justice, and Richard K. Welch, Deputy Associate Counsel, Federal Communications Commission, entered appearances.

Jonathan E. Nuechterlein, Washington, DC, argued the cause for ISP intervenors. On the brief were Michael K. Kellogg, Scott H. Angstreich, Helgi C. Walker, Andrew G.I. Kilberg, Miguel A. Estrada, Matthew A. Brill, Matthew T. Murchison, Washington, DC, Jeffrey A. Lamken, New York, NY, and Stephen E. Coran, Washington, DC. C. Frederick Beckner, III, Rick Chessen...

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