2D CIR.Litigation
Fifteen states and Harris County petition Second Circuit to vacate FAA environmental review for commercial drone deliveries
A coalition of 15 states and Harris County, Texas, petitioned the Second Circuit to review and set aside the Federal Aviation Administration's nationwide environmental review for commercial drone package deliveries. The petitioners contend the agency violated the National Environmental Policy Act by approving nationwide operations without adequately analyzing safety risks and environmental impacts, including noise from delivery hubs. California Attorney General Rob Bonta said the assessment falls far short of proper analysis.
Filing (U.S. Court of Appeals for the Second Circuit) → · Reuters, Bloomberg Law, Law Commentary +1
Key points
- The challenge targets the FAA's Programmatic Environmental Assessment and Record of Decision published at 91 Fed. Reg. 48,208 on July 30, 2026.U.S. Court of Appeals for the Second Circuit
- The FAA assessment evaluated noise modeling based on an average of 1,150 drone deliveries per single hub.Reuters
- The petition invokes 49 U.S.C. § 46110 and targets the FAA finding of no significant impact and record of decision dated July 28, 2026.U.S. Court of Appeals for the Second Circuit
- Petitioners include New York, California, Arizona, Colorado, Delaware, Illinois, Maine, Maryland, Massachusetts, Michigan, New Mexico, Oregon, Rhode Island, Washington, and Wisconsin.U.S. Court of Appeals for the Second CircuitCalifornia Department of Justice
Sources5 articles across 5 outlets
Bloomberg Law
California Department of Justice
Law Commentary
Reuters
U.S. Court of Appeals for the Second Circuit
Filed under
LitigationU.S.N.Y.Cal.2d Cir.EnvironmentalLitigationRegulatoryTechnologyFor practitionersFor governance