The Supreme Court declined to change how federal regulators issue fines, avoiding a potential disruption in how energy agencies enforce regulations.
In an 8-1 ruling Thursday in FCC v. AT&T, the justices dismissed wireless carriers’ arguments that the way the Federal Communications Commission takes enforcement actions violates their constitutionally protected right to a jury trial under the Seventh Amendment.
The Citizens Utility Board of Illinois, a ratepayer advocate, had warned the court that changing the way the independent FCC can enforce fines would also affect the Federal Energy Regulatory Commission and the Department of Energy, which follow a similar system for enforcing penalties under laws such the Natural Gas Act, Atomic Energy Act, and Energy Policy and Conservation Act.
Carolyn Flynn, Supreme Court counsel at Earthjustice who drafted the ratepayer advocate’s amicus brief, praised the court’s decision for rejecting the “unsupported attack” on agency authority.
