A group of 15 states and a Texas county on Monday 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.”
“When it comes to cutting-edge innovation, the Trump Administration should be able to walk and chew gum at the same time. As the fourth largest economy in the world — built in large part on technological innovation and a commitment to protecting our communities — California is proving that an economic future doesn’t need to come at the cost of our environment. Allowing states to be responsive to innovation while still protecting our planet serves both industry and consumers,”
said Attorney General Bonta.
“Unfortunately, FAA’s programmatic environmental assessment falls far short of properly analyzing the environmental impacts that drone package delivery operations may have. At the California Department of Justice, we to stand firm that environmental justice and thoughtful innovation can and should go hand in hand. We will continue to uphold laws such as NEPA as a cornerstone of both.”
Drone delivery operations are already happening in states including California, Texas, Arkansas, Florida and Utah under the waiver process.
FAA purported to comply with NEPA by issuing a Final Programmatic Environmental Assessment (PEA) and Finding of No Significant Impact, and Record of Decision. The PEA provides an overview of nationwide drone package deliveries to occur at future points in time without meaningful contextual information about the impacted communities or environment.
It contemplates a dramatic expansion of package delivery by drones but does not adequately address the potential safety risks or other environmental impacts. NEPA requires federal agencies to assess the “reasonably foreseeable environmental effects of the proposed agency action.”
In doing so, the agency must take a hard look at the environmental impacts. Despite that, the PEA fails to adequately consider the environmental risks. Thus, Attorney General Bonta and the multistate coalition today filed a lawsuit challenging the FAA’s PEA, Finding of No Significant Impact, and Record of Decision for commercial drone package delivery.
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.
For now, the drone case sits before the Second Circuit, with the states asking the court to force the FAA back to the drawing board on its environmental analysis. Whether the rule takes effect as proposed, or gets sent back for a more thorough review, will shape how quickly beyond-line-of-sight deliveries become routine over American backyards, parks and neighborhoods.
The lawsuit can be accessed here.
Sources: The Charlotte Observer; Attorney General Bonta