Supreme Court Backs Trump administration on Telecom Regulation

Law Firm News/Oklahoma 2026/06/05 06:57   Bookmark and Share

The Supreme Court sided with the Trump administration Thursday in upholding the power of federal regulators to enforce data privacy laws on telecommunications companies.

The 8-1 decision preserved one of the Federal Communications Commission's key tools, though the companies also won a concession from the Republican administration that could shift the regulatory landscape.

The appeal from telecommunications giants Verizon and AT&T challenged a combined $100 million in penalties imposed after the agency determined that the companies had failed to safeguard customer location data.

The companies argued that the FCC's process was unconstitutional because it gave them little opportunity to tell their side of the story in front of a jury.

The administration defended the fines as an essential regulatory tool. But the government also said companies did not have to pay the penalties right away, a regulatory shift in the companies' favor.

The Supreme Court agreed, affirming the FCC's power to order fines when challenges are still available.

"The orders at issue did not settle the carriers' legal obligations because, stated simply, they did not create an obligation to pay," Chief Justice John Roberts wrote for the majority.

Justice Clarence Thomas, the lone dissenter, said he would have given the two telecom companies a clearer path to recouping the fines they already paid.

Other agencies use similar enforcement methods, so a sweeping victory for AT&T and Verizon could have had widespread effects, advocates said.

The environmental group Earthjustice applauded the ruling, saying it has direct implications for other agencies and a key energy-efficiency case.

"By rejecting this unsupported attack on agency authority, the Court's decision safeguards the government's ability to enforce laws that protect people, communities, and the environment," said Caroline Flynn, the group's Supreme Court counsel.

The libertarian-leaning New Civil Liberties Alliance was disappointed by the decision, but expected it to help other companies in the future. "In fact, it may even buttress their willingness to challenge future agency orders in federal court before paying any penalties," said the alliance's president, Mark Chenoweth.

A few more carriers may decide to litigate, but the decision leaves the FCC with the power to "publicly announce large fines with much fanfare," said Doug Orvis, a veteran telecom attorney. "It will be interesting to see what happens going forward."

The Supreme Court's conservative majority has sided against federal agencies and limited their power before. That includes overturning a decades-old decision that had given regulators an advantage in court and stripping another agency of a major tool in fighting securities fraud.

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Washington tourist pleads not guilty in Hawaiian monk seal rock case

Law Firm News/Kansas 2026/06/01 17:48   Bookmark and Share

A tourist from Washington state pleaded not guilty Wednesday to charges accusing him of hurling a coconut-sized rock at an endangered Hawaiian monk seal and was ordered to stay away from Hawaii beaches.

Igor Lytvynchuk, 38, of Covington, Washington, was in U.S. District Court in Honolulu Wednesday, where he pleaded not guilty to charges of harassing and attempting to harass a protected animal. U.S. Magistrate Judge Rom Trader allowed him to remain free pending the criminal case but ordered him to stay away from beaches and marine wildlife while in Hawaii.

"You're not going to the beach, you understand that," Trader told Lytvynchuk, who responded that he understood.

Lytvynchuk declined to comment after the hearing.

One of his defense attorneys, Myles Breiner, said previously his client was trying to protect sea turtles and has since been physically assaulted, threatened and doxed.

Earlier this month, a witness recorded what prosecutors say was a video of him throwing the rock at a Hawaiian monk seal at a Maui beach. He later made arrangements to surrender in the Seattle area as special agents with the National Oceanic and Atmospheric Administration were seeking to arrest him, prosecutors said.

The video drew widespread condemnation and demands for prosecution in Hawaii, including from Maui's mayor. Scientists identified the seal as an adult male known as "R404," NOAA said.

According to prosecutors, a state Department of Land and Natural Resources officer investigated a report of Hawaiian monk seal harassment in Lahaina, the community that was largely destroyed by a deadly wildfire in 2023. A witness showed the officer video of the seal swimming in shallow water while a man watched from shore.

The video showed Lytvynchuk throwing the rock, described by a witness as the size of a coconut, directly at the seal, narrowly missing its head, prosecutors said in a criminal complaint.

When a witness confronted Lytvynchuk, he said "he did not care and was 'rich' enough to pay any fines," according to the complaint.

Afterward, a man "brutally assaulted" Lytvynchuk, Breiner said. Lytvynchuk declined to file a police report on the assault, the attorney said.

Breiner explained his client had been to Hawaii previously and was familiar with sea turtles, but not Hawaiian monk seals. Lytvynchuk is a fisherman and thought the seal was an aggressive sea lion, the lawyer said.

"So his response was not to hurt this monk seal, but to get it away from the turtles," Breiner said.

The incident shows NOAA must do more to educate the public about protecting Hawaiian monk seals, Hawaii's U.S. Sen. Brian Schatz, a Democrat, said in a statement.

Since the video surfaced, Lytvynchuk has faced death threats and doxing, including receiving a package at his home containing what appeared to be feces, Breiner said.

He said his client is being treated unfairly because he is a white outsider. "The vast majority of attacks on monk seal and turtle are by locals," he said.

Lytvynchuk is charged with violations of the Endangered Species Act and the Marine Mammal Protection Act.

Hawaiian monk seals are a critically endangered species. Only 1,600 remain in the wild.

If convicted, he faces up to one year in prison for each charge. He also faces a fine of up to $50,000 under the Endangered Species Act and a fine of up to $20,000 under the Marine Mammal Protection Act.

At the hearing, attended by numerous Hawaiian monk seal protection activists, Trader set a scheduling hearing for June 9, but said Lytvynchuk is allowed to participate by phone or video from Washington. Trader ordered him not to travel outside Washington and Hawaii. Lytvynchuk said he surrendered his U.S. passport to authorities.

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