• Executive - OMB Review,  Judicial Review & Remedies,  Regulatory Process

    Monday Morning Regulatory Review – 2/22/16: Drone Litigation; COOL Removal & Passenger Screening

    A holiday-shortened week in regulatory practice found new challenges to drone regulations highlighting some of the peculiarities of regulations attempting to catch up with reality. The demise of authority for country of origin labeling regulations caused its originating agency to submit a new rule for interagency and executive review. Completing review of passenger screening rules may, on the other hand, end litigation. Drone Litigation: Several parties commenced litigation challenging the Department of Transportation (DOT) Federal Aviation Administration (FAA) Registration and Marking Requirements for Small Unmanned Aircraft (sAUS or drone) rule over the past few weeks. TechFreedom v. FAA, D.C. Cir. No. 16-1062, for example, suggests in its petition for review (PFR) that the…

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