A coalition of 15 states and Harris County, Texas, filed a lawsuit Monday challenging the FAA’s environmental review for expanded commercial drone package delivery operations. The petition, filed in the U.S. Court of Appeals for the Second Circuit, argues the agency failed to adequately evaluate potential environmental effects before issuing a nationwide programmatic assessment and finding of no significant impact.
Environmental Review Challenged
The FAA completed its programmatic review in July. The assessment is intended to support future FAA approvals for individual drone delivery operators, although the agency may still require additional environmental analysis for specific operations. Commercial drone delivery has already expanded in several markets, including operations by Amazon, Wing and Zipline.
“Unfortunately, FAA’s programmatic environmental assessment falls far short of properly analyzing the environmental impacts that drone package delivery operations may have,” California Attorney General Rob Bonta said in a statement announcing the challenge. “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.”
BVLOS Expansion Continues
The challenge comes as the FAA works toward broader beyond visual line of sight drone operations. Its proposed Part 108 framework would establish a pathway for routine BVLOS flights rather than requiring many operators to rely on individual waivers and exemptions. The proposal has drawn discussion from aviation groups over detect-and-avoid requirements, electronic conspicuity and right-of-way rules for crewed aircraft.
Drone delivery operators are also scaling existing services under current approvals. Amazon announced last month that it plans to expand Prime Air service to nearly 500 U.S. cities and towns by the end of the year, while Wing has sought FAA approval for larger delivery networks including a proposed expansion covering as many as 75 sites in the Houston area. The FAA had not publicly responded to the lawsuit as of Monday evening.
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