DJI Sues The FCC

⚖️ DJI Sues the FCC: Everything You Need to Know

Published: March 1, 2026 | RC Flight Gear News

Breaking: DJI Files Lawsuit Against the FCC

In one of the biggest legal battles the drone industry has ever seen, DJI officially filed a petition for review on February 20, 2026 in the US Court of Appeals for the Ninth Circuit (Case No. 26-1029), challenging the Federal Communications Commission’s decision to add DJI products to its “Covered List” — a federal blacklist that effectively bans the import, marketing, and sale of all new DJI drones and components in the United States.

What Started This Legal Battle?

On December 22, 2025, the FCC updated its Covered List to include all foreign-made unmanned aircraft systems and critical drone components. The move was triggered by the FY2025 National Defense Authorization Act (NDAA), which required a national security audit of foreign drone manufacturers. That audit was never performed — and instead of waiting for the audit, the FCC simply placed foreign drones on the banned list. DJI, which controls over 70% of the US consumer and commercial drone market, was hit hardest by the decision.

DJI’s Three Legal Arguments

DJI is not going down without a fight. The company is making three powerful legal arguments in its petition to the Ninth Circuit:

• The FCC exceeded its authority — The FCC can only add products to the Covered List if they pose a proven national security threat. DJI argues the agency has never provided any actual evidence that its products are a security risk.
• The FCC failed to follow required procedures — Administrative law requires agencies to give affected parties notice and an opportunity to respond. DJI says it was never given that chance.
• The FCC violated the Fifth Amendment — DJI argues this is a due process violation, as the company was denied its right to address or refute any concerns before the ban was imposed.

DJI’s Star-Studded Legal Team

DJI is pulling no punches with its legal team. The company hired Elizabeth Prelogar, the 48th Solicitor General of the United States under President Biden, and Travis LeBlanc, the former Chief of the FCC’s own Enforcement Bureau — the very agency DJI is now suing. This is widely seen as a powerful strategic move designed to send a direct message to the FCC.

Three Simultaneous Legal Challenges

What makes this situation even more extraordinary is that DJI is fighting the US government on three separate legal fronts at the same time:

• Ninth Circuit Petition (Case 26-1029) — Challenges the FCC’s December 22 Covered List ruling. Filed February 20, 2026.
• FCC Reconsideration Motion — Filed directly with the FCC asking the agency to reverse its own decision. Public comments were invited as of February 5, 2026.
• D.C. Circuit Appeal — Challenges the Pentagon’s designation of DJI as a “Chinese Military Company.” Oral arguments took place February 6, 2026, and a ruling could come at any time.

What Does This Mean for Drone Pilots?

• Already own a DJI drone? You can keep flying. The ban does not affect drones already in operation.
• Want to buy a new DJI drone? Retailers can still sell existing inventory with FCC authorization, but new models cannot be imported or sold.
• 43.4% of drone operators surveyed by the Pilot Institute said the ban could shut down their business entirely.
• 96.7% of commercial drone operators currently use DJI products — making this ban feel very personal for a lot of pilots.

How Long Will This Take?

Don’t expect a quick resolution. Federal appellate litigation alone typically takes 12 to 24 months. If the losing party petitions the Supreme Court, that adds another year or more. Legal experts suggest the most likely outcome may actually be Congress stepping in with new legislation rather than the courts settling the matter. The ban restrictions are currently set to be reassessed in 2027.

The Bottom Line

This is the most significant legal battle the drone industry has ever faced. DJI is all-in on the US market and is spending enormous resources to fight this ban on multiple fronts simultaneously. The outcome will shape the future of drone technology, national security policy, and the livelihoods of hundreds of thousands of drone pilots across America.

Stay tuned to RC Flight Gear for the latest updates as this landmark case develops!

Sources: DroneDJ, PetaPixel, DroneXL, The Drone Girl, Aerotime — February 2026