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•  Bar Associations - Legal News


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.




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.




A federal judge on Thursday ruled that the Defense Department is violating his earlier order to restore access to the Pentagon for reporters, a setback in the administration's efforts to impede the work of journalists.

U.S. District Judge Paul Friedman sided with The New York Times for the second time in a month. He had earlier said the Pentagon's new credential policy violated journalists' constitutional rights to free speech and due process. On Thursday, he said Defense Secretary Pete Hegseth's team had tried to evade his March 20 ruling by putting in new rules that expel all reporters from the building unless guided by escorts.

"The department simply cannot reinstate an unlawful policy under the guise of taking 'new' action and expect the court to look the other way," Friedman wrote. Friedman had ordered Pentagon officials to reinstate the press credentials of seven Times reporters and stressed that his decision applies to "all regulated parties." The Pentagon building serves as the headquarters for U.S. military operations.

Defense Department spokesperson Sean Parnell said it disagrees with the ruling and intends to appeal. Parnell said in a social media post that the department has "at all times" complied with judge's orders, reinstating journalists' credentials and issuing "a materially revised policy that addressed every concern" identified by the judge.

"The Department remains committed to press access at the Pentagon while fulfilling its statutory obligation to ensure the safe and secure operation of the Pentagon Reservation," he wrote.

Times attorney Theodore Boutrous said Thursday's ruling "powerfully vindicates both the Court's authority and the First Amendment's protections of independent journalism."

In October, reporters from mainstream news outlets walked out of the building rather than agree to the new rules. The Times sued the Pentagon and Hegseth in December to challenge the policy.

President Donald Trump has fought against the press on several levels since returning to his second term, suing The Times and Wall Street Journal, and cutting funding for public radio and television because he did not like their coverage. At the same time, he frequently talks to the media and responds to reporters who call him on his cell phone.

In a series of briefings on the Iran War, Hegseth has frequently ignored or insulted legacy media reporters let in to cover the events, while concentrating on questions from friendly conservative media.

Times attorneys accused the Pentagon of violating the judge's March 20 order, "both in letter and spirit" with its revised policy. The newspaper said that Pentagon was also trying to impose unprecedented rules dictating when reporters can offer anonymity to sources.

Friedman said that the access the Pentagon made available to permit holders "is not even close to as meaningful as the broad access" they previously had.

Government lawyers said the Pentagon's revised policy fully complies with the judge's directives. Pentagon spokesperson Sean Parnell has said the administration would appeal Friedman's March 20 decision.

The Pentagon Press Association, which includes Associated Press reporters, said the Pentagon's interim policy preserves provisions that Friedman deemed to be unconstitutional while also adding new restrictions on credential holders.

"In effect," Justice Department attorneys wrote, "Plaintiffs ask this Court to expand the Order to prohibit the Department from ever addressing the security of the Pentagon through a press credentialing policy with conditions that may address similar topics or concerns as the enjoined conditions. The Order does not say that, and this Court should not read it to say that."


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