Actually, the judge threw out the case because the events took place before law was even signed.
The time the law was signeed doesn't matter. The issue is tha there was no regulation. A notification explaining their interpretation is not a regulation. Necessary step before writing a regulation perhaps.
You are confusing the issue. My pirate joke is about the guide lines they issued. You are discussing the congressional law they are interpreting. But anyway the CBO rules are not laws. The FAA can only step in when you fly in front or near full scale aircraft. Well my interpretation anyway.