Fifteen states and Harris County, Texas, went to a federal appeals court on 28 September to overturn the Federal Aviation Administration’s national environmental finding for drone package delivery.
The FAA signed the finding on 28 July. It lets the agency approve new delivery operations against one national assessment, where each site used to get its own review. New York Attorney General Letitia James filed the petition in the Second Circuit for the whole group. It names the FAA, its administrator Bryan Bedford, the Department of Transportation and Secretary Sean Duffy.
The states say the FAA broke the National Environmental Policy Act, which requires an agency to take a hard look at the effects of what it approves. California’s office says the assessment covers deliveries at unnamed places and times, with nothing on the communities underneath. It also says the assessment does not deal with the safety risks of a much larger rollout.
California Attorney General Rob Bonta said the administration “should be able to walk and chew gum at the same time.”
Two states dropped out
The same coalition objected to the draft assessment in January, as FlightBrief reported on 10 September. Seventeen attorneys general and Harris County signed that comment letter. Connecticut and Vermont are not on the petition.
The fifteen that are: New York, Arizona, California, Colorado, Delaware, Illinois, Maine, Maryland, Massachusetts, Michigan, New Mexico, Oregon, Rhode Island, Washington and Wisconsin.
Why Monday
A challenge to an FAA order must be filed within 60 days. For a finding signed on 28 July, the 60th day was Saturday 26 September. The federal appeals rules move a deadline that falls on a weekend to the next working day, and the petition cites that rule to show it is on time.
The statute lets a challenger file in the DC Circuit or in its home circuit. New York filed in its own.
The finding still applies
Filing a petition does not suspend the finding. The court can pause an FAA order when there is good cause, but the petition asks only for review. The FAA did not immediately respond to a Reuters request for comment.
Amazon says Prime Air will reach nearly 500 American cities and towns by the end of this year. The FAA has said it will use the finding for new operators’ approvals. Under the appeals rules, its next step is to file the record behind the finding, within 40 days of being served.
