In exchange for a stay of the proceedings in both United States v. California and American Cable Association v. Becerra, California has agreed not to enforce its new net neutrality law, SB 822, pending the resolution of Mozilla Corp. v. FCC, the lawsuit challenging the FCC’s Restoring Internet Freedom Order (“Order”).  The Order had repealed Obama-era net neutrality rules.  SB 822, which we previously discussed here, was scheduled to go into effect on January 1, 2019, and contains the most stringent net neutrality requirements of any state.  When the law was passed on September 30, the U.S. Department of Justice immediately sued California, arguing it was preempted by the FCC’s Order.

In the stipulation, the parties established that California will not enforce SB 822 until the D.C. Circuit issues an opinion in Mozilla, or any final decision is issued by the U.S. Supreme Court.  As part of the court filing, the United States also agreed to withdraw its motion for a preliminary injunction in its action seeking to invalidate SB 822.

Oral argument in the challenge to the Restoring Internet Freedom Order is scheduled for February 1, 2019.

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Photo of Jake Levine Jake Levine

Jake Levine is a member of the firm’s Public Policy Practice Group, and its Clean Energy and Climate Industry Group. Mr. Levine advises clients on a variety of public policy, legislative, regulatory, and business matters related to clean energy, climate, water, transportation, and…

Jake Levine is a member of the firm’s Public Policy Practice Group, and its Clean Energy and Climate Industry Group. Mr. Levine advises clients on a variety of public policy, legislative, regulatory, and business matters related to clean energy, climate, water, transportation, and technology.

Prior to joining Covington, Mr. Levine held a number of senior positions at the intersection of clean energy policy and technology. Mr. Levine served most recently as Senior Counsel and Principal Consultant to California State Senator Fran Pavley, where he led a team focused on state policy related to climate change, electric vehicles, energy storage, drought and water policy. As part of his duties in the State Senate, Mr. Levine led the successful campaign to draft, design, and enact SB 32 (Pavley) and AB 197 (Garcia), new climate and environmental justice legislation in California.

Mr. Levine also served as Chief of Staff to the President of Opower, a software firm that uses big data and behavioral science technology to help consumers take control their energy use. In this role, Mr. Levine managed a series of cross-organizational projects, including development of policy innovation, partnerships, and sales opportunities in Latin American and Asia, as well as federal and state-level regulatory reforms related to the U.S. utility sector.

Mr. Levine also has experience in the White House Office of Energy and Climate Change, where he worked on a host of innovative energy policies, including the most stringent fuel economy standards ever set and the first-ever greenhouse gas emissions standards for cars and trucks. He served as a member of President Obama’s delegation to the U.N. Conference of Parties in Copenhagen, as a member of the 2009 Presidential Inaugural Committee, and during the 2008 presidential campaign, traveled with Senator Obama to more than 20 states and Europe, managing the national press corps.

Photo of Jadzia Pierce Jadzia Pierce

Jadzia Pierce is an associate in the firm’s Washington, DC office. She is a member of the Data Privacy and Cybersecurity and Communications and Media Practice Groups.