Re:The FCC voted to start the process of eliminating net neu...
by schoen on Thursday May 18, 2017 @02:35PM
(#14369818)
The courts don't have to examine whether or not they think a rule change is in the public interest, nor would they have to conclude that the public interest is proven by what position got the most individual comments in support of it.
They could conclude that an agency unreasonably ignored specific arguments in public comments, but probably not that the fact that the agency wasn't swayed by the volume of the comments was unreasonable.
Re:The FCC voted to start the process of eliminating net neu...
by shmerl on Thursday May 18, 2017 @02:58PM
(#14370018)
If the arguments were repeated multiple times, it's easier to point out that FCC intentionally ignored them, and it's not "we didn't notice" situation.
https://en.wikipedia.org/wiki/Administrative_Procedure_Act_(...
They could conclude that an agency unreasonably ignored specific arguments in public comments, but probably not that the fact that the agency wasn't swayed by the volume of the comments was unreasonable.