The Transportation Security Administration's ("TSA") proposed rule would require owners and operators of certain pipeline, freight railroad, passenger railroad, rail transit, and over-the-road bus ("OTRB") systems to...more
12/2/2024
/ Comment Period ,
Cybersecurity ,
Infrastructure ,
Oil & Gas ,
Pipelines ,
Proposed Rules ,
Railroads ,
Regulatory Agenda ,
Risk Management ,
Rulemaking Process ,
Surface Transportation ,
Transportation Security Administration
In Marin Audubon Society v. FAA, the D.C. Circuit held the White House Council on Environmental Quality ("CEQ") lacks authority to issue binding regulations under the National Environmental Policy Act ("NEPA")....more
11/18/2024
/ Air Pollution ,
Air Quality Standards ,
Audubon Society ,
Aviation Industry ,
CEQ ,
Department of Environmental Quality ,
Environmental Policies ,
Federal Aviation Administration (FAA) ,
Lack of Authority ,
NEPA ,
Regulatory Authority
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
The sweeping FAA Reauthorization Act of 2024 includes measures intended to improve safety and cybersecurity for the U.S. aviation sector....more
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
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
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
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
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
8/3/2023
/ Air Traffic Control Systems ,
Airline Deregulation Act ,
Airspace ,
Aviation Industry ,
Commercial Use ,
Drones ,
Federal Aviation Administration (FAA) ,
Preemption ,
Regulatory Oversight ,
Regulatory Standards ,
Unmanned Aircraft Systems
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 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
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
11/18/2021
/ Biden Administration ,
Broadband ,
Carbon Capture and Sequestration ,
Clean Energy ,
Electric Vehicles ,
Federal Funding ,
Infrastructure ,
New Legislation ,
Pollution Control ,
Public Private Partnerships (P3s) ,
Public Projects ,
Public Transit ,
Renewable Energy ,
Transportation Corridor ,
Water
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
11/5/2021
/ Air Pollution ,
Aircraft ,
Airlines ,
Aviation Industry ,
Carbon Offset and Reduction Scheme for International Aviation (CORSIA) ,
Climate Action Plan ,
Climate Change ,
Environmental Policies ,
Fuel Standards ,
Greenhouse Gas Emissions ,
Pollution Control
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
9/8/2021
/ Automation Systems ,
Automotive Industry ,
Confidential Information ,
Connected Cars ,
Driverless Cars ,
Intellectual Property Protection ,
Motor Vehicles ,
NHTSA ,
Proprietary Information ,
Regulatory Standards ,
Reporting Requirements ,
Safety Standards ,
Trade Secrets
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
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
3/3/2021
/ Air Pollution ,
Aircraft ,
Biden Administration ,
Clean Air Act ,
Climate Change ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Federal Aviation Administration (FAA) ,
Greenhouse Gas Emissions ,
ICAO ,
Transportation Industry
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
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
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
3/12/2020
/ Automation Systems ,
Automotive Industry ,
California Consumer Privacy Act (CCPA) ,
Connected Cars ,
Cybersecurity ,
Department of Transportation (DOT) ,
Driverless Cars ,
General Data Protection Regulation (GDPR) ,
International Organization for Standardization ,
Motor Vehicles ,
NHTSA ,
Regulatory Standards ,
Safety Standards ,
State Data Privacy Laws
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
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
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
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
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
11/17/2017
/ Airspace ,
Aviation Industry ,
Department of Transportation (DOT) ,
Drones ,
Federal Aviation Administration (FAA) ,
Federal Pilot Programs ,
Part 107 ,
Public Safety ,
Section 333 Exemption ,
State and Local Government ,
Technology Sector ,
Tribal Governments ,
Tribal Lands ,
Unmanned Aircraft Systems
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