Preempting the Buzz: Challenges for State and Local Regulation of Drone Noise

Authors

Daniel Friedenzohn, Embry-Riddle Aeronautical UniversityFollow
Trevor Simoneau, Embry-Riddle Aeronautical UniversityFollow

Abstract

From carrying life-saving medical supplies to delivering Amazon packages, drones are increasingly playing a more significant role in our society. Such operations, however, raise a variety of legal and public policy questions, all requiring answers before drone deliveries become commonplace in the package delivery ecosystem. One legal issue that remains significantly underexplored is the challenge of regulating drone noise. This issue raises vital questions of federalism and preemption in the broader debate over federal versus state and local power to govern different aspects of civilian drone operations.

Even though the noise generated by drones is much quieter than other types of surface and aerial vehicles, such as traditional jet aircraft, it possesses unique characteristics—a high pitch, low frequency, constant buzzing sound—that make it rather noisy and, in the view of some, quite annoying. And because perspectives on the extent of such annoyance vary dramatically, one may reasonably think drone noise regulation should fall to the states or, perhaps better yet, local authorities, given the traditional role of states and localities in addressing local noise issues via local control methods, such as ordinances. But how does this approach fit in with the federal government’s well-established authority to regulate aircraft noise and drone operations in general?

This article examines this imperative preemption question and the burgeoning challenges associated with drone noise regulation. Many legal issues raised by civilian drone operations—privacy, airspace control, and property rights, to name a few—are overshadowed by debates about the extent of federal preemption. Noise is no exception. Despite several federal court decisions finding Congress has not preempted the entire field of drone regulation, this article shows that on the noise issue, the Supreme Court and lower courts’ precedent favor regulation at the federal level. This article also identifies and analyzes other legal mechanisms, such as land use and zoning, that could, in theory, be used by state and local authorities to address local concerns about drone noise.

Recommended Citation

Daniel Friedenzohn et al., Preempting the Buzz: Challenges for State and Local Regulation of Drone Noise, 89 J. Air L. & Com. 573 (2024)