Local Drone Law Struck Down By Federal Preemption

Joel Roberson is a Partner for Holland & Knight's Washington, D.C. office.

Jennifer Nowak is an Associate for Holland & Knight's Washington, D.C. office.

On Sept. 21, a federal court for the first time struck down local ordinance attempting to regulate the operation of unmanned aircraft systems (UAS or drones) within its jurisdiction. The United States District Court for the District of Massachusetts invalidated parts of an ordinance passed by the City of Newton, Massachusetts, which were challenged by a local UAS operator. (Singer v. City of Newton, No. 17-100071-WGY, 2017 WL 4176477 (D. Mass. Sept. 21, 2017).) For state and local governments wishing to regulate some aspect of UAS operation within their jurisdictions, this decision may be useful as an indicator of where federal courts are likely to draw the lines when faced with preemption challenges in this area.