States Challenge FAA Environmental Review of Commercial Drone Package Rules

A group of 15 states and a Texas county on Sept. 28 sued the US Federal Aviation Administration over an environmental review of planned commercial drone package delivery rules.

The states — including New York, California, Massachusetts, Wisconsin and Michigan — and Harris County, Texas, said the FAA violated the law by failing to adequately analyze the potential environmental impacts of expanded drone package delivery operations.

The states said the FAA determination completed in late July did not “adequately address the potential safety risks or other environmental impacts” The FAA did not immediately respond to a request for comment.

The states’ legal challenge was filed in the US Court of Appeals for the Second Circuit.

The FAA’s forthcoming regulatory proposal, not yet finalized, would allow certified drone operators to fly beyond the visual line of sight, eliminating the need for a long, and sometimes costly, waiver process.

California Attorney General Rob Bonta said the “FAA’s programmatic environmental assessment falls far short of properly analyzing the environmental impacts that drone package delivery operations may have.”

Drone delivery operations are already happening in states including California, Texas, Arkansas, Florida and Utah under the waiver process.

The FAA said last year that eliminating the need for waivers “will significantly expand the use-case for drone technologies in areas like: manufacturing, farming, energy production, filmmaking, and the movement of products including lifesaving medications.”

The FAA environmental review included reviewing the noise impacts of 1,150 average drone deliveries from a single hub. Drones would depart a hub and travel en route at an altitude of less than 400 feet (121 meters).

Drones would need to avoid noise-sensitive areas like parks, campgrounds, trailheads, and some wilderness areas. Drone launching hubs could not be located near other sensitive sites.

The proposal includes new requirements for manufacturers, operators, and drone traffic-management services to keep drones safely separated from other drones and airplanes.

Some communities have raised concerns about noise and privacy, but the potential cost benefits are significant, with researchers estimating per-delivery costs could fall to as low as $2 by 2034, much lower than traditional delivery.