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On October 3, 2025, the Supreme Court granted certiorari in Montgomery v. Caribe Transport II, LLC, 124 F.4th 1053 (7th Cir. 2025), taking on the question of whether federal law preempts state negligent selection claims against brokers. This marks a significant development in the ongoing circuit split over the reach of the Federal Aviation Administration Authorization Act (FAAAA) and its “safety exception.”

The Supreme Court’s review signals that much-needed clarity may soon be available for brokers, carriers, and litigants nationwide. As discussed in our earlier post, the Sixth and Ninth Circuits have allowed negligent selection claims under the safety exception, while the Seventh and Eleventh Circuits have found such claims preempted. The Court will now determine whether state-law negligence claims against brokers are barred by federal law.Continue Reading Supreme Court Puts the Brakes on Preemption Uncertainty

The Association of American Railroads (“AAR”) last week welcomed the Senate’s recent confirmation of David Fink as Administrator of the Federal Railroad Administration (“FRA”), calling it a positive step for the rail industry.

AAR’s President & CEO Ian Jefferies praised Fink as a fifth-generation railroader with deep operational experience. Before joining the FRA, Fink served…

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After months of anticipation, the Senate has received a nomination for a Commissioner of the U.S. Consumer Product Safety Commission (CPSC). 

In May 2025, President Trump removed the three Democratic Commissioners, leaving the two Republican Commissioners, Dziak and Feldman. Then, on August 22, 2025, Commissioner Dziak announced his resignation, leaving Acting Chairman Feldman as the sole Commissioner.

On October 2, 2025, President Trump nominated William “Billy” Hewes, III to join Acting Chairman Feldman as a Commissioner of the CPSC.Continue Reading CPSC Commissioner Nominated

The Surface Transportation Board (STB) recently announced that it is considering issuing a policy statement clarifying the scope of preemption under the Interstate Commerce Commission Termination Act of 1995 (ICCTA). This development follows a joint letter from multiple rail, intermodal, and other industry associations urging the STB to provide clearer guidance to curb inconsistent state and local regulation affecting rail operations, as well as a series of Policy Review Team meetings with interested parties to discuss ideas for breaking down regulatory barriers and furthering competition. As the STB notes, a “major theme from these meetings was the need for greater clarity and consistency in preemption.”Continue Reading STB Considering Move to Clarify ICCTA Preemption

The U.S. Consumer Product Safety Commission (CPSC) issued its Lapse Plan in advance of the federal government shutdown. The CPSC will furlough 35% of full-time employees, with the overwhelming majority of those retained focused on “protect[ing] life and property.” Under the Lapse Plan, consumer-oriented programs and, notably, civil penalties, will pause for the duration of…

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Last Thursday, the Senate confirmed three of President Trump’s picks for Department of Transportation (DOT) administrator positions:

  • Jonathan Morrison, National Highway Traffic Safety Administration (NHTSA)
  • Sean McMaster, Federal Highway Administration (FHWA)
  • Paul Roberti, Pipeline and Hazardous Materials Safety Administration (PHMSA)

The confirmations were considered “en bloc,” meaning that the administrators, along with 45 of President…

The U.S. Consumer Product Safety Commission’s (CPSC’s) proposed safety standard for lithium-ion batteries used in micromobility products is back on the agency’s agenda.

On August 21, Acting Chairman and current sole Commissioner of the CPSC, Peter Feldman, issued a statement announcing several advancements of “critical safety standards” to the Office of Information and Regulatory Affairs (OIRA) pursuant to Executive Order No. 14215, “Ensuring Accountability for All Agencies,” including the CPSC’s draft proposed rule on lithium-ion batteries used in micromobility products. The lithium-ion micromobility product standard, and whether the CPSC would put it forward for codification, has been in flux for months. The CPSC originally introduced the rule on January 8, 2025 following the bipartisan “Setting Consumer Standards for Lithium-Ion Batteries Act” bill signaling Congress’s desire for the CPSC to issue a consumer product safety standard for rechargeable lithium-ion batteries used in micromobility devices. In April, the CPSC voted to move forward with the rule, but subsequently withdrew it following President Trump’s firing of three Democratic Commissioners. The proposed rule was most recently re-noticed by the CPSC on June 20, 2025, when those three Commissioners were temporarily reinstated, but withdrawn just days later, without explanation.Continue Reading CPSC Takes Another Step to Advance Draft Rule on Lithium-Ion Batteries Used in Micromobility Products

On August 7, 2025, the Federal Aviation Administration (FAA) and the Transportation Security Administration (TSA) took a major step toward expanding the deployment of drones in U.S. airspace by jointly releasing a Notice of Proposed Rulemaking (NPRM) that would establish comprehensive, performance-based regulations for UAS operations beyond visual line of sight. To learn more, please…

The White House has issued a highly anticipated Executive Order aimed at improving the competitiveness of the U.S. commercial space industry. The Order, titled “Enabling Competition in the Commercial Space Industry,” was issued on August 13, 2025 and directs multiple federal agencies to overhaul regulatory requirements in four key areas: (1) commercial launch and reentry licensing, (2) spaceport infrastructure, (3) novel space authorizations, and (4) leadership and accountability. A high-level overview of the EO’s provisions in each of these areas is below.

Commercial Launch and Reentry Licensing: The EO orders a thorough overhaul of the Federal Aviation Administration’s (FAA) launch and reentry regulations, contained in 14 CFR Part 450, instructing the FAA to “reevaluate, amend or rescind” Part 450 requirements, including determining if certain types of launch vehicle should be subject to less stringent licensing requirements.Continue Reading White House Issues Executive Order to Accelerate Commercial Space Activities

A U.S. District Court judge last week granted American Airlines’ motion to decertify several subclasses of pilots in a suit alleging the airline wrongly denied its pilots pay and profit-sharing credit for absences for short-term military leave because “[o]ne size does not fit all” when it came to the class claims. The decision is a dramatic pivot in the long-running Scanlan v. American Airlines case, which will now continue only on behalf of the two named plaintiffs rather than as a class action.Continue Reading District Court Decertifies Class in Scanlan v. American Airlines