How the appeal fares may depend on the way the appeals court characterizes the decision.  In issuing rules, the FAA has to follow the strictures of the Administrative Procedure Act, including issuing notice and soliciting comment.  The judge at one point refers to a defect in the FAA’s public notice concerning “unmanned aerial systems.”  According to the judge, “Notice 07-01 does not … meet the criteria for valid legislative rule making.”

 

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