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NTSB Case Challenges FAA Regulatory Authority Over Unmanned Aircraft

March 2014

A pending case before the National Transportation Safety Board (NTSB) could test the limits of the Federal Aviation Administration's (FAA) ability to regulate Unmanned Aircraft Systems (UAS). In Huerta v. Pirker, the FAA is attempting to enforce rules over how UAS are used in a commercial context. The FAA is in the process of developing regulations that will specifically apply to UAS operations. In the meantime, the FAA has sought to push the pause button on the commercial use of UAS technologies by applying existing rules and regulations to commercial UAS operators. The case is currently at the first appeal of an order of assessment before an administrative law judge of the NTSB. Wiley Rein partner Joshua S. Turner and associate Katy M. Ross take a look at the regulatory history of UAS as well as background and analysis of the case. Read their article here.