US states sue FAA over commercial drone delivery environmental review

A coalition of 15 U.S. states and Harris County, Texas, has filed a lawsuit against the Federal Aviation Administration (FAA) in the U.S. Court of Appeals for the Second Circuit. The legal challenge contests an environmental review conducted in late July regarding proposed rules for commercial drone package delivery.

The plaintiffs, which include New York, California, Massachusetts, Wisconsin, and Michigan, argue that the FAA failed to adequately analyze potential safety risks and environmental impacts of expanded drone operations. California Attorney General Rob Bonta stated that the FAA’s programmatic environmental assessment falls short of properly analyzing these impacts.

The FAA’s pending regulatory proposal aims to allow certified drone operators to fly beyond the visual line of sight, which would remove the requirement for a costly and lengthy waiver process. The agency has noted that such changes would expand drone utility in sectors like manufacturing, farming, and the transport of lifesaving medications. The current environmental review included assessments of noise impacts from drone hubs, with drones traveling at altitudes below 400 feet and being required to avoid noise-sensitive areas such as parks and wilderness sites.