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 PreemptionCPSC Shutdown Plan: Continue Enforcement, Pause Public Engagement, and Civil Penalties
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
Senate Confirms DOT Leadership Positions, Including NHTSA Administrator
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
CPSC Takes Another Step to Advance Draft Rule on Lithium-Ion Batteries Used in Micromobility Products
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“Drone & Order” Series: Landmark Proposed Rule May Open U.S. Skies to Expanded Commercial Drone Deployments
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
White House Issues Executive Order to Accelerate Commercial Space Activities
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 ActivitiesDistrict Court Decertifies Class in Scanlan v. American Airlines
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 AirlinesComing Soon: “Drone & Order” – A series on FAA rulemaking, BVLOS, and the future of UAS
The FAA recently released its long-anticipated proposed rule on Beyond Visual Line of Sight (BVLOS) drone operations—a major step toward enabling more advanced and scalable commercial drone use in the U.S. The rule proposes a new regulatory framework with defined operational categories, right-of-way rules, and requirements for remote pilot qualifications, equipping industry stakeholders with clearer
Summer 2025 Autonomous Vehicle Updates
Automated vehicles (AVs) have received heightened attention from the automotive industry and regulators this summer when it comes to improving and expanding AV technology in the US. To learn more, please read our Client Alert Summer 2025 Autonomous Vehicle Developments.
Supreme Court Asked to Resolve Circuit Split on Freight Broker Liability
A recent Supreme Court petition in Montgomery v. Caribe Transport II LLC et al. seeks to resolve a deepening circuit split over whether state-law negligence claims against freight brokers are preempted by the Federal Aviation Administration Authorization Act (FAAAA). While courts broadly agree that the FAAAA preempts state laws “relating to a price, route, or service of any motor carrier,” they diverge on whether the statute’s “safety exception” —which provides in relevant part that the FAAAA “shall not restrict the safety regulatory authority of a State with respect to motor vehicles”—permits claims for negligent hiring or selection against brokers.
Continue Reading Supreme Court Asked to Resolve Circuit Split on Freight Broker Liability