Multistate coalition challenges FAA drone delivery environmental review
By Amber Harrison
A coalition of 15 states and Harris County, Texas, filed a petition for review on Sep. 28 challenging the FAA’s nationwide environmental framework for commercial drone package delivery operations. The petition, filed in the US Court of Appeals for the Second Circuit, seeks review of the FAA’s Jul. 28 Final Programmatic Environmental Assessment (PEA), Finding of No Significant Impact, and Record of Decision.
The FAA developed the PEA to evaluate the reasonably foreseeable environmental impacts of commercial drone package delivery operations conducted under 14 CFR Part 135. Because the locations of many future delivery hubs and operating areas are not yet known, the PEA establishes a nationwide analytical framework that can support future FAA approvals while allowing additional, location-specific environmental review where appropriate.
The states contend that the FAA did not adequately evaluate the environmental consequences of expanded drone delivery, including potential safety, noise, and other community and environmental impacts. The petition itself does not yet contain the coalition’s detailed legal arguments; those are expected to be developed in a subsequent briefing.
VAI participated in the development of the PEA, submitting comments in January that supported the FAA’s use of a programmatic approach to streamline repetitive environmental reviews and enable scalable unmanned aircraft system (UAS) operations. At the same time, VAI urged the FAA to ensure that the framework reflects the operational realities of the shared low-altitude National Airspace System, where helicopters and UAS routinely operate below 400 ft. AGL.
The challenge does not directly concern the FAA’s pending Part 108 BVLOS rulemaking, but the two efforts relate to the broader question of how routine low-altitude UAS operations can scale nationally.
Among other recommendations, VAI asked the FAA to more explicitly consider cumulative drone operations near heliports, hospital landing areas, and vertiport approach surfaces, and highlighted gaps in FAA data concerning heliports, private-use facilities, and other off-airport landing locations. VAI also recommended greater consistency and transparency regarding drone takeoff and landing facilities and the infrastructure standards applicable to them.
The challenge does not directly concern the FAA’s pending Part 108 beyond visual line of sight (BVLOS) rulemaking, but the two efforts relate to the broader question of how routine low-altitude UAS operations can scale nationally. The outcome of the litigation could affect how the FAA conducts environmental reviews as future drone delivery networks expand.
VAI will continue monitoring the case, including the forthcoming substantive briefs, for potential implications for low-altitude airspace integration, aviation infrastructure, and the safe coexistence of crewed and uncrewed vertical flight.
Amber Harrison is VAI’s director of regulatory affairs.
