Federal Aviation Administration

News & Analysis as of

Untamed Skies: Domestic Drones Remain Unregulated

What once was a technology confined almost exclusively to military use has now made its way into the hands of businesses, domestic agencies and private hobbyists. Small, Unmanned Aerial Vehicles (or UAVs), more commonly known...more

DOT Releases Passenger Protection Rulemaking #3; FAA Considers Commercial Drone Operations; Other Regulatory Issues

It has been a busy month at the Department of Transportation, with the DOT finally releasing its long-anticipated proposed rule on Transparency of Airline Ancillary Fees and Other Consumer Protection Issues, better known as...more

Capital Thinking: International

Ukraine Crisis - Last week, the Malaysian Government negotiated and secured from the pro-Russian separatists in Ukraine the black boxes from the downed passenger airliner (MH17). The Malaysian Government also secured...more

D.C. Circuit Rejects Challenge to FAA's Drone Policy as Premature

On Friday, the D.C. Circuit granted the FAA's motion to dismiss a petition for review involving its enforcement policy on unmanned aerial systems, also referred to as drones. The petition was filed by Texas Equusearch, a...more

No Coverage Under Aviation Policies Where Product Was Not Used in Connection With Aircraft or Aviation Operations

Superior Court of New Jersey, Appellate Division - A New Jersey appellate court affirmed an order granting summary judgment, stating that the insurer owed no duty to defend or indemnify its insured in a personal injury...more

Congress Considers Transportation Appropriations Provisions, Other Legislation Impacting Aviation

On Capitol Hill, legislators are working to pass a Transportation Appropriations bill that will fund aviation programs during the 2015 fiscal year. As part of the appropriations process, members of the House and Senate are...more

Aviation Flyer - Summer 2014

In This Issue: - Forum Non Conveniens - A Defendant’s Initial Impulse Could Be The Riskiest - Providing Information To Expert Witnesses: A Quick Guide To The Proper Procedures And Potential Pitfalls -...more

PART TWO: Unmanned Aircraft Systems (“UAS”) – aka Drones Legal Issues: Where Are We Headed?

There have been almost daily news stories about the advent of Unmanned Aerial Vehicles (“UAVs”), also referred to as “drones,” and how commercial usage is expected to explode over the next several years. There have been...more

Unmanned Aircraft Systems (“UAS”) – aka Drones Usages and Regulation: Where Are We Headed? Part One

The ever-quickening pace of technological innovation creates serious obstacles for legal, legislative, and regulatory regimes that are notoriously slow to adapt. One of the newest arenas in which this struggle is playing out...more

FAA Opens Door to Approving Commercial Drone Operations

- On June 10, 2014, the Federal Aviation Administration (FAA) approved the first commercial drone operation over land in the United States. - Current FAA regulations prohibit any use of drones for commercial or business...more

Construction & Land Use Newsletter - June 2014

In This Issue: - Out of State... Out of Mind? Ensuring that Local and Out-of State Construction Companies Play by the Same Rules - Look! Up in the Sky! It’s a... Plane!: Proposed FAA Policy Could Affect...more

Look! Up in the Sky! It’s a…Plane!: Proposed FAA Policy Could Affect Building Heights

The Washington, D.C. metropolitan area has no shortage of airplanes flying over the region. There is also no shortage of developers and landowners who want to create the region’s landmark buildings and skyscrapers which may...more

Drones: Hollywood’s Requests for Regulatory Exemptions from the FAA Could Get UAS for Commercial Use Off the Ground

The lack of certainty regarding the use and regulation of unmanned aircraft systems (UAS) is prompting companies to seek creative ways to get their drones off the ground. This week, seven aerial photo and video production...more

Drones: A Bird’s-Eye View of the (Non-Privacy) Legal Landscape for UAS

A recent near midair collision between U.S. Airways Flight 4650, a CRJ-200 jet with a 50- passenger capacity, and a drone has (deservedly) sparked a flurry of commentary regarding safe drone operation. This near miss, which...more

Week in Review - May 2014

Personal wearable technology is all the rage, but can wearable technology also increase employee productivity? A study out this week found that wearable technology in the workplace increases both employee productivity and job...more

Making Sure Cybersecurity and Liability Concerns Don’t Ground the Drones

Unmanned aerial systems (UAS), or drones, are slowly being integrated into U.S. and international airspace systems. Despite current legal and regulatory limitations on their use for civilian purposes, governmental and...more

The FAA’s “Regulations” Pertaining to Unmanned Aircraft Systems

Amazon’s ambitious proposal to use a fleet of unmanned aircraft systems to deliver packages may seem like a novelty announced years before its time, but the commercial use of unmanned aircraft systems is already here. The...more

Airline Industry Legal Alert: Ninth Circuit Finds FAA Preempts Safety-Related Wrongful Termination Claim

Executive Summary: The Ninth Circuit has held that the Federal Aviation Act (FAA) preempts state law wrongful termination claims where their resolution would require "the factfinder to intrude upon the federally occupied...more

Next Generation State Privacy Law: Regulating the Commercial Use of Drones

When most Americans think of drones, they think of unmanned, often weaponized aircraft that are used by governments in areas of conflict for intelligence or combat purposes. However, the proverbial sky is the limit on the...more

Aircraft Transaction Basics - A Business Development Opportunity

This paper will describe the basics of aircraft transactions, including aircraft sale, purchase and ownership issues and how current aviation practitioners can expand their practice area to include aircraft transactions, pull...more

Waiting for Iskanian, Part 3 - Friends of the Plaintiff

As we await Thursday's oral argument before the California Supreme Court in Iskanian v. CLS Transportation of Los Angeles, in Part 3 of our series of posts, we'll take a look at the amici curiae supporting plaintiffs. ...more

First in Flight, Tops in Tech, Ascendant in UAS: Drones and North Carolina

The next time you go for a long hike in a national forest with no cell phone service, you might want to take a drone with you so that you can send for help when you break your leg, dehydrate, and need help. ...more

California Environmental Law and Policy Update

Environmental and Policy Focus - DWR must acquire properties before testing tunnel for diversion of water to Southern California - CourtHouse News - Mar 17: A California appellate court ruled last week that, before...more

The Uniform Relocation Act Does Not Provide a Private Right of Action to Property Owners

On March 7th, a U.S. District Court sided with the Federal Aviation Administration (FAA) on whether the Uniform Relocation Act (URA) provides private property owners with a private right of action: it does not. The Pacific...more

Special Due Diligence Concerns When Buying Unmanned Aerial Systems

The regulatory lid is about to come off domestic commercial use of Unmanned Aerial Systems (“UASs”). When that happens, like a vacuum, the U. S. commercial market will seek to deploy every viable system. In the rush to...more

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