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New FAA Regulations Target Cybersecurity Vulnerabilities in Aircraft Design

The Federal Aviation Administration ("FAA") has proposed new rules to standardize its criteria for addressing cybersecurity threats for transport category airplanes, engines, and propellers....more

United States Zeroes In on Aviation Cybersecurity With FAA Reauthorization Act Updates

The sweeping FAA Reauthorization Act of 2024 includes measures intended to improve safety and cybersecurity for the U.S. aviation sector....more

Federal Courts Vacate the U.S. Federal Highway Administration's GHG Performance Rule for On-Road Emissions on the National Highway...

The U.S. Federal Highway Administration's ("FHWA") new rule establishing a performance-based method for measuring greenhouse gas ("GHG") emissions that are associated with transportation on the National Highway System was...more

U.S. FAA Publishes Airplane Fuel Efficiency Final Rule

On February 16, 2024, the U.S. Federal Aviation Administration ("FAA") issued an airplane fuel efficiency final rule, which implements reduced CO2 emissions standards into the FAA's aircraft certification rules. See 89 Fed....more

U.S. Federal Highway Administration Enacts GHG Performance Rule for On-Road Emissions on the National Highway System

The U.S. Federal Highway Administration's ("FHWA") new rule establishing a performance-based method for measuring greenhouse gas ("GHG") emissions that are associated with transportation on the National Highway System ("NHS")...more

Airlines Facing "Greenwashing" Litigation on Three Continents

For more than a decade, environmental groups have accused airlines of "greenwashing" or misrepresenting the sustainability of their business operations. Now these claims are gaining traction around the globe. These groups...more

FAA Updates Its Stance on Preemption of State and Local Drone Laws

The Federal Aviation Administration ("FAA") released an updated Fact Sheet clarifying its perspective on the limits of state and local governments to regulate drones. ...more

Prioritizing Emerging Technologies: DOT Seeks Comments on NETT Council's Future Work

On March 9, 2022, DOT published a request for public comment, due April 8, 2022, to shape the NETT Council's future direction. Created in April 2019, the NETT Council is an internal DOT body providing a specific avenue...more

The Regulatory Fast Lane: Final Rule Updates Federal Safety Standards for Highly Automated Vehicles

The Final Rule maintains the occupant protection performance required by the 200-Series FMVSS. It alters FMVSS definitions to accommodate emerging ADS technology and clarifies for manufacturers the application of particular...more

Enacting President Biden's Infrastructure Bill: Opportunities in The Infrastructure Investment and Jobs Act

The Road Towards Better Infrastructure On November 15  2021, President Biden signed into the law the long-awaited Bipartisan Infrastructure Framework, The Infrastructure Investment and Jobs Act ("IIJA")....more

Sustainability in Aviation: Significant Efforts Underway to Reduce Greenhouse Gas Emissions

The aviation industry, including air carriers and aircraft manufacturers, has taken significant steps toward increasing the environmental sustainability of the industry. Overall, many airlines have demonstrated a commitment...more

Secrets on the Road: Protecting Trade Secrets of Highly Automated Vehicles Against Public Disclosure

Trade Secrets in the HAV Industry Trade secrets are invaluable in the HAV industry as its growth accelerates in the fast lane. HAV players defend their technology aggressively against competitors and departing employees who...more

Hands Off No More: Incident Reporting of Highly Automated Vehicles to DOT

On June 29, 2021, the National Highway Traffic Safety Administration ("NHTSA") issued Standing General Order 2021-01 (the "Order"), concerning safety-related incidents involving vehicles operating on publicly accessible roads...more

EPA Implements Clean Air Act Authority to Finalize Greenhouse Gas Emission Standards for Aircraft

On January 11, 2021, the U.S. Environmental Protection Agency ("EPA") issued the first-ever U.S. greenhouse gas ("GHG") emission standards for aircraft (the "Standards"). The Standards align with the United Nations...more

FAA Issues First Major Unmanned Aircraft Rules Since 2016

The FAA's new regulations provide long-awaited relief for commercial drone users and assurances to the security community. On January 15, 2021, the Federal Aviation Administration ("FAA") issued two significant final...more

Department of Homeland Security Seeks Additional Comments on Proposed Biometrics Rule

The Department of Homeland Security's ("DHS") approach suggests the agency will implement some form of biometric exit screening. The DHS and Customs and Border Protection ("CBP") have reopened the comment period for its...more

House Committee on Energy and Commerce Holds Hearing to Discuss Future of Autonomous Vehicles

The Situation: In an effort to regulate the development and implementation of autonomous vehicles, the House Committee on Energy and Commerce met to discuss a federal regulatory framework. The Result: The House has started...more

Sikkelee Round Two: Federal Aviation Law vs. State Tort Law Rematch

The Situation: The Third Circuit decided Sikkelee II, a closely watched case involving preemption in the aviation context. The Outcome: A divided Third Circuit held, 2–1, that federal aviation law did not "conflict...more

DOT Moves Forward on Drone Integration

The U.S. Department of Transportation ("DOT") has taken significant strides regarding the future of unmanned aircraft systems ("UAS") integration in the United States. First, on May 9, 2018, the DOT announced its initial...more

FAA Increasing Access to Automated Airspace Approval for Drone Operators

The Federal Aviation Administration ("FAA") recently announced a nationwide expansion of its automated airspace approval system, the Low Altitude Authorization and Notification Capability ("LAANC"), and that it will take...more

Drone Détente: Administration Signals Movement on Key Rules

The Situation: Based on a pair of recent actions relating to unmanned aircraft systems, the U.S. Federal Aviation Administration appears to be making progress toward publishing long-awaited rules of interest to potential...more

Administration’s Drone Pilot Program to Spur Innovative Drone Use

To promote the integration of drone technology, the White House’s three-year Unmanned Aircraft Systems Integration Pilot Program partners the federal government with state, local, and tribal governments in the development,...more

DOT Seeks Ideas for Reducing the Burden of Transportation Regulations

The U.S. Department of Transportation ("DOT") announced this week that it is seeking public comment "on existing rules and other agency actions that are good candidates for repeal, replacement, suspension, or modification" as...more

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