That’s why I think someone put the drone owner up to the lawsuit. Prolly the federal AG.
Such incremental testing of the federal governments constitutionally limited powers has been going on since the states established the federal government.
”I believe there are more instances of the abridgement of freedom of the people by gradual and silent encroachments by those in power than by violent and sudden usurpations.” - James Madison, Speech at the Virginia Convention to ratify the Federal Constitution (1788-06-06)
”The system of the General Government is to seize all doubtful ground. We must join in the scramble, or get nothing. Where first occupancy is to give right, he who lies still loses all.” - Thomas Jefferson to James Monroe, 1797.