FCC "exceeded its statutory authority" claims DJI in lawsuit to overturn drone ban

DJI isn't taking the FCC's drone ban lying down. The company is suing the agency to reverse the ban that prevents the Chinese company from importing or selling new drone models in the United States.

On Friday, February 20, DJI filed a petition with the US Court of Appeals for the Ninth Circuit that challenged the ban which went into effect this past December. DJI is requesting the court review the order, arguing that the FCC "exceeded its statutory authority" and violated the Fifth Amendment when it added DJI drones and parts to its Covered List.

DJI Drone camera — (Image credit: Future)

In DJI's petition, it asks the Court to hold the ban "unlawful" and to vacate it.

The FCC did relax the rules in January when it released the NSD FCC Covered List Waiver 0126. Page two of that waiver document states that foreign-made drones may be allowed to be sold in the US after passing "rigorous cyber and hardware assessments."

Drones that pass would be allowed to remain available until January 1, 2027. However, it does not apply to consumer drones but rather those designed for first responders, government agencies, search and rescue teams and surveillance teams.

“Despite repeated efforts to engage with the government, DJI has never been given the chance to provide information to address or refute any concerns. These procedural and substantive deficiencies violate the Constitution and federal law," the FCC told PCMag.

Uphill battle

Supreme Court and American flag — (Image credit: Shutterstock)

DJI has been fighting the ban since it was enacted by the House of Representatives in 2023, and it hasn't gone well. In September 2025, US District Judge Paul Friedman ruled against DJI saying that there is "substantial evidence" that the company “contributes to the Chinese defense industrial base."

Courts have previously upheld bans of other companies like Huawei, which has been banned since 2019 under the first Trump administration. U.S. courts have historically been hesitant to stick with U.S. government decisions regarding national security.

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Scott Younker is the West Coast Reporter at Tom’s Guide. He covers all the lastest tech news. He’s been involved in tech since 2011 at various outlets and is on an ongoing hunt to build the easiest to use home media system. When not writing about the latest devices, you are more than welcome to discuss board games or disc golf with him. He also handles all the Connections coverage on Tom's Guide and has been playing the addictive NYT game since it released.

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