It went to trial because HE sued the FAA.
No, he didn't. The FAA fined him for operating recklessly, and he followed the usual administrative procedure to challenge that fine.
That's not to say that some law suits aren't appropriate in this area - if for no other reason than that the FAA is ignoring legal mandates from Congress to get this area sensibly on the books in short order. The Obama administration, and their people running the agency in question (which is part of the executive branch) is, just as they're doing by randomly and unilaterally modifying and ignoring hard dates and requirements in the ACA, are just blowing off the law on this matter. That, in and of itself, has no bearing on the case in question, but it's causing this to be dragged out for no reason, as hundreds of millions in new economic activity is sitting on the sidelines holding its breath. Thanks, administration. We can tell what your priorities are.