15 States Sue FAA Over Plan to Expand Drone Package Deliveries Across U.S.

Fifteen states and Travis County, Texas, sued the Federal Aviation Administration on Monday over a nationwide environmental review designed to support the expansion of commercial drone package deliveries across the United States.

The challenge, filed in the U.S. Court of Appeals for the Second Circuit, accuses the FAA of failing to adequately examine the environmental and safety effects of expanded drone operations before approving the federal framework. California, New York and Michigan are among the states challenging the agency’s decision.

The FAA finalized its Programmatic Environmental Assessment for drone package delivery operations on July 28 and found that the proposed operations would have no significant environmental impact with mitigation measures in place.

Commercial operators can use hubs in parking lots, on rooftops and in other designated spaces to make deliveries. The FAA acknowledged in its assessment that the locations of future hubs and operating areas generally will remain unknown until companies apply for authorization.

The agency intends to rely on the nationwide assessment when conducting environmental reviews of those future applications. The FAA can require additional analysis when an individual project raises issues requiring closer review.

The states say the agency moved forward without adequately accounting for the effects of a potentially large expansion of drone deliveries. Concerns raised during the review included aircraft noise, lithium-ion battery fires, hazardous materials and the cumulative effects of increased drone traffic.

Monday’s lawsuit follows a January warning from a broader coalition of 17 attorneys general and Harris County, Texas, which urged the FAA to conduct a more detailed review before adopting the nationwide assessment. The coalition also sought site-specific analysis for individual drone hubs and operating approvals.

The group called for an Environmental Impact Statement under the National Environmental Policy Act, or NEPA. The more detailed process examines potential environmental effects and alternatives when a proposed federal action may significantly affect the environment. The FAA instead completed its programmatic assessment and issued a finding of no significant impact.

The dispute comes as commercial drone delivery networks expand in several parts of the country. The FAA has completed more than 20 environmental assessments for individual package delivery proposals, with each resulting in a finding of no significant impact.

Recent approvals include Amazon Prime Air delivery operations and Wing Aviation networks in several metropolitan areas. Individual projects can involve hundreds of flights a day from a single hub or delivery site, depending on the operator and location.

The Second Circuit will consider the states’ challenge to the FAA’s July decision as the agency continues reviewing applications for commercial drone delivery operations across the country.