The FAA rule here is based on the Air Carrier Access Act, which prohibits airlines from discriminating on the basis of disability, and pretty much leaves it up

The FAA rule here is based on the Air Carrier Access Act, which prohibits airlines from discriminating on the basis of disability, and pretty much leaves it up to the FAA to set applicable regulations. The FAA is acting under the assumption that this act gives them the ability to regulate differently than the ADA. However many of the changes made in this ruling are actually making the regulations more aligned with DOJ's ADA regulations. So if a court were to rule that the FAA needs to follow the ADA rules completely the main change would be eliminating the new optional (airlines choice) form requirement for service animals. Emotional support animals have zero protection under the ADA. They are only recognized under the Fair Housing Act (and is mostly an artifact of caselaw there) and under the FAA regulations being revised here. Unless/until courts rule that emotional support animals must be allowed as reasonable accomidations in public places under the ADA (rather than just under the Fair Housing Act) I expect this exclusion of ESAs will be allowed to stand.