OAKLAND — California Attorney General Rob Bonta joined a multistate coalition in filing a lawsuit challenging the Federal Aviation Administration's evaluation of the environmental consequences of commercial drone package delivery. The lawsuit alleges the FAA violated the National Environmental Policy Act by failing to adequately address potential safety risks and environmental impacts of an expansion in drone deliveries.

The coalition includes attorneys general from New York, Arizona, Colorado, Delaware, Illinois, Maine, Maryland, Massachusetts, Michigan, New Mexico, Oregon, Rhode Island, Washington, and Wisconsin, as well as Harris County, Texas. This legal action follows the FAA issuing a Final Programmatic Environmental Assessment and Finding of No Significant Impact for nationwide drone package deliveries.

Drone delivery operations generally occur under 400 feet of altitude with packages weighing less than five pounds. Packages are delivered via rope dropped from the drone, dropped from a hover height, or by full stop landing. Amazon initiated Prime Air deliveries in Lockeford, California in 2022, and the company seeks to expand Prime Air deliveries to cities including Tracy, California. "Unfortunately, FAA's programmatic environmental assessment falls far short of properly analyzing the environmental impacts that drone package delivery operations may have," Bonta said.

"When it comes to cutting-edge innovation, the Trump Administration should be able to walk and chew gum at the same time," he added.

Why It Matters

The lawsuit represents a continued challenge to federal aviation regulators regarding the environmental scope of unmanned aircraft systems. The FAA faced a 2025 lawsuit from 15 states and Harris County, Texas, over its 2025 Finding of No Significant Impact (FONSI) for drone deliveries, alleging violations of the National Environmental Policy Act (NEPA). The agency has completed 23 individual environmental assessments (EAs) for drone delivery proposals and one programmatic environmental assessment (PEA) for drone package delivery between 2019 and July 2025, according to a 2026 FAA document.

Safety incidents have accompanied the expansion of commercial drone services. Amazon Prime Air experienced a drone collision with a construction crane in Arizona in October 2025, leading to a temporary service pause and investigations by the FAA and NTSB. Additionally, Amazon Prime Air's drone delivery service in Lockeford, California, which began in 2022, was discontinued by April 2024, according to reports, despite initial plans for expansion. The Federal Aviation Administration (FAA) extended the public comment period for its Draft Programmatic Environmental Assessment (PEA) for drone package delivery by 15 days, pushing the deadline from January 8 to January 23, 2026, in response to requests from states and advocacy groups.

Timeline

Amazon initiated Prime Air deliveries in Lockeford, California in 2022. The lawsuit alleges the Federal Aviation Administration violated the National Environmental Policy Act by failing to adequately address potential safety risks and environmental impacts of an expansion in drone deliveries. Bonta stated, "Unfortunately, FAA's programmatic environmental assessment falls far short of properly analyzing the environmental impacts that drone package delivery operations may have." He also said, "When it comes to cutting-edge innovation, the Trump Administration should be able to walk and chew gum at the same time." He noted, "As the fourth largest economy in the world — built in large part on technological innovation and a commitment to protecting our communities — California is proving that an economic future doesn’t need to come at the cost of our environment." He added, "Allowing states to be responsive to innovation while still protecting our planet serves both industry and consumers."

What's New

Amazon Prime Air's drone delivery service in Lockeford, California, which began in 2022, was discontinued by April 2024, according to reports, despite initial plans for expansion.

The FAA has completed 23 individual environmental assessments (EAs) for drone delivery proposals and one programmatic environmental assessment (PEA) for drone package delivery between 2019 and July 2025, according to a 2026 FAA document. In 2019, the FAA granted Amazon a Special Airworthiness Certificate for its MK27 drone, followed by a Part 135 air carrier certificate in 2020, enabling commercial drone operations. The Federal Aviation Administration is U.S. government agency regulating civil aviation.

How Sources Differ

Sources differ on the status and adequacy of the programmatic environmental assessment. The Office of the Attorney General press release states the Federal Aviation Administration issued a Final Programmatic Environmental Assessment and Finding of No Significant Impact for nationwide drone package deliveries. The faa.gov source notes the Federal Aviation Administration (FAA) extended the public comment period for its Draft Programmatic Environmental Assessment (PEA) for drone package delivery by 15 days, pushing the deadline from January 8 to January 23, 2026, in response to requests. He stated, "Unfortunately, FAA's programmatic environmental assessment falls far short of properly analyzing the environmental impacts that drone package delivery operations may have." The oag.ca.gov source reports the FAA issued a Final Programmatic Environmental Assessment (PEA) and Finding of No Significant Impact (FONSI) for nationwide drone delivery in July 2026, despite criticism from 17 states and Texas over insufficient environmental risk analysis. Regarding the National Environmental Policy Act, the oag.ca.gov source notes the FAA faced a 2025 lawsuit from 15 states and Harris County, Texas, over its 2025 Finding of No Significant Impact (FONSI) for drone deliveries, alleging violations of the National Environmental Policy Act (NEPA). The Office of the Attorney General press release states the lawsuit alleges the Federal Aviation Administration violated the National Environmental Policy Act by failing to adequately address potential safety risks and environmental impacts of an expansion in drone deliveries.