Fifteen states challenge FAA environmental review of drone delivery

A coalition of 15 states, joined by Harris County in Texas, filed suit Monday against the FAA over its environmental review of expanded commercial drone package delivery. The petition was lodged in the U.S. Court of Appeals for the Second Circuit.

The states contend the agency did not sufficiently examine possible environmental effects before issuing a nationwide programmatic assessment and a finding of no significant impact. The FAA finished that programmatic review in July. It is meant to underpin later approvals for individual drone delivery operators, though the agency may still call for further environmental analysis tied to specific operations.

California Attorney General Rob Bonta said in a statement that the assessment "falls far short" of properly analysing the environmental impacts drone package delivery may have. He said the state's Department of Justice holds that environmental justice and innovation should go together, and that laws such as NEPA will continue to be upheld.

The challenge arrives as the FAA moves toward wider beyond visual line of sight drone operations. Under its proposed Part 108 framework, routine BVLOS flights would have a pathway instead of operators depending largely on individual waivers and exemptions. Aviation groups have raised questions about the proposal, including detect-and-avoid requirements, electronic conspicuity and right-of-way rules for crewed aircraft.

Operators are meanwhile expanding within existing approvals. Amazon said last month it intends to bring Prime Air service to close to 500 U.S. cities and towns by the end of the year. Commercial drone delivery has already grown in several markets, including work by Amazon, Wing and Zipline.