John Taylor, a lawyer in Maryland, sued the agency in the U.S. Court of Appeals for the D.C. Circuit, arguing that the FAA Modernization and Reform Act of 2012 prohibits the Federal Aviation Administration from issuing rules for recreational aircraft.
…But the section of federal aviation regulations that contains the FAA’s interim rule “did not exist at all prior to this new registration requirement,” Peter Sachs of the Drone Law Journal said. “It’s kind of difficult for them to say they didn’t create a new regulation when in fact they created a new regulation,” he added. “It didn’t exist; it wasn’t on the books.”