Sadly, it seems to be true that one of these case will likely need to end up in court to be settled. On the other hand, I will be surprised if the FAA pursues anything less than a absolute case of endangering a manned aircraft.
BTW - I believe that Brendan Schulman is the AMA's attorney. Peter Sachs is representing another group in a similar suit against the FAA.
http://www.kramerlevin.com/files/upl...A_Petition.pdf
Peter Sachs is a plaintiff with Brendan as attorney of record:
http://www.kramerlevin.com/files/upl...caPetition.pdf