News & Analysis as of

Federal Aviation Administration (FAA) Administrative Procedure Act

Holland & Knight LLP

DOJ Forsakes Defending the ALJ Process Against Article II Challenges

Holland & Knight LLP on

On Feb. 18, 2025, in a case seeking declaratory and injunctive relief against the SEC, the U.S. Department of Justice (DOJ) filed a Notice of Change in Position indicating that the DOJ will no longer defend in litigation "the...more

Troutman Pepper Locke

President Trump Moves to Repeal NEPA Regulations

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On February 19, the White House unveiled an interim final rule (IFR) to rescind all National Environmental Policy Act (NEPA) implementing regulations that the Council on Environmental Quality (CEQ) has promulgated since 1977....more

Dorsey & Whitney LLP

NEPA Regulations Unravel

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The National Environmental Policy Act, or NEPA, is in the midst of a major judicial and regulatory shakeup. In the past three months, four major events have thrown the validity of NEPA regulations into doubt ...more

Goldberg Segalla

Navigating NEPA in the New Year

Goldberg Segalla on

On January 31 — in Marin Audubon Society et al. v. FAA et al. — the D.C. Circuit Court declined petitions for en banc review of a panel’s November 2024 ruling that the White House Council on Environmental Quality (CEQ) does...more

ArentFox Schiff

DC Circuit Questions Validity of Longstanding Council for Environmental Quality Regulations Implementing NEPA

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In a departure from past jurisprudence, a recent DC Circuit decision questioned whether the White House Council on Environmental Quality (CEQ) had the legal authority to issue key regulations under the National Environmental...more

Vorys, Sater, Seymour and Pease LLP

D.C. Circuit Issues Ruling that Could Affect NEPA Compliance

Clients regulated by, or who have contracts with government agencies regulated by, the National Environmental Policy Act (NEPA) should be aware of a major, recent court decision. On November 12, 2024, the D.C. Circuit Court...more

Allen Matkins

Unexpected Court Ruling Raises Substantial Questions About National Environmental Policy Act (NEPA) Regulations

Allen Matkins on

In a surprise monumental decision, the U.S. Court of Appeals for the D.C. Circuit held that the White House Council on Environmental Quality (CEQ) has no authority to issue regulations implementing NEPA and that CEQ’s NEPA...more

Pillsbury Winthrop Shaw Pittman LLP

DC Circuit Rules White House CEQ Lacks Authority to Issue Binding NEPA Regulations

The White House Council on Environmental Quality (CEQ) lacks statutory authority to issue binding regulations implementing the National Environmental Policy Act (NEPA). While the decision does not invalidate any actions...more

Fox Rothschild LLP

“5G . . . . The Next Chapter”

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The FAA continues its slow march forward in dealing with 5G issues. Last week, the FAA released a Notice of Proposed Rulemaking (NPRM) to address helicopter radio altimeter interference issues. Currently, the...more

Wiley Rein LLP

D.C. Circuit Upholds Drone Remote ID Rule

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On July 29, 2022, the D.C. Circuit upheld the Federal Aviation Administration’s (FAA) Remote ID Rule against a grab-bag of constitutional and procedural challenges brought by a drone user named Tyler Brennan and his company...more

Fox Rothschild LLP

“We Know Who You Are….” Remote Identification of Drones is Here!!

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The FAA’s remote identification rules for unmanned aircraft (Remote ID) are back on track. The United States Court of Appeals for the District of Columbia Circuit has just rejected the last serious challenge to the...more

McGlinchey Stafford

Federal Judge Strikes Down FAA Mask Mandate

McGlinchey Stafford on

Major airlines and airports are dropping their mask requirements following a federal court ruling that struck down the federal government’s mask mandates for public transportation. How Did We Get Here? The Centers for...more

Holland & Knight LLP

Court of Appeals for the D.C. Circuit Denies Petition Seeking Review of FAA Airworthiness Directive

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The District of Columbia Circuit Court of Appeals recently upheld a Federal Aviation Administration (FAA) decision to publish an airworthiness directive ordering the removal of certain cylinder assemblies used in piston...more

Morrison & Foerster LLP

FAA Announces Drone Registration, but Legal Challenges Loom

Morrison & Foerster LLP on

[Note: In light of the FAA’s announcement of the drone registry, we’ve revisited our recent analysis of its authority to require registration.] On December 14, 2015, the FAA issued the much-anticipated “Registration and...more

Morrison & Foerster LLP

Task Force Makes Drone Registration Recommendations Expected to Be Adopted by the FAA, But on What Authority?

On November 21, 2015, the Unmanned Aircraft Systems Registration Task Force Aviation Rulemaking Committee, chartered by the FAA, issued its Final Report to the FAA containing the Task Force’s recommendations for how the FAA...more

King & Spalding

Presidential Memorandum Outlines Privacy Guidelines For Domestic Federal Use Of Drones

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In a recently issued Presidential Memorandum, President Obama included privacy guidelines for the federal government’s use of unmanned aircraft systems (“UAS”) in the United States. Issued on February 15, 2015, and...more

Pillsbury Winthrop Shaw Pittman LLP

CFPB's Arbitration Study—A Warning to Consumer Financial Service Companies

On December 12, 2013, the Consumer Financial Protection Bureau published its “Arbitration Study Preliminary Results,” mandated by Section 1028(a) of the Dodd-Frank Act (the “Study”). Unfortunately (and despite its statements...more

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