Unmanned aircraft systems (UAS) have exploded onto the national airspace in recent years and present myriad novel legal issues. The team at Kaplan Kirsch keeps up to speed with emerging technologies and evolving requirements impacting national airspace, including UAS (commonly known as drones), Advanced Air Mobility (AAM), and commercial space transportation.
Local Drone Regulations
Local governments regulate UAS in their communities, and airport sponsors must also manage the risk UAS pose to their own operations. UAS present legal issues on both fronts, and Kaplan Kirsch works with government entities that both use and regulate the technology.
Federal law preempts most in-flight drone regulation, but local governments retain real authority. Communities can regulate UAS for safety, privacy, or nuisance concerns without conflicting with federal law, though the broad scope of federal authority makes that line difficult to draw.
Federal preemption generally covers the technical, operational, and licensing rules for UAS vehicles and their operators. Local governments retain authority over land use, safety, and law enforcement response. Kaplan Kirsch helps municipalities draft ordinances that address local concerns while minimizing the risk of a federal preemption challenge.
Counter-UAS (C-UAS) Strategy
C-UAS refers to the detection and mitigation of unauthorized drones. New federal authorities now let state and local law enforcement respond directly to UAS threats, and this area of law is changing quickly. Kaplan Kirsch tracks these developments closely for its airport sponsor clients.
Advanced Air Mobility (AAM)
As AAM technologies continue to emerge, local governments and airport sponsors face novel legal, regulatory, and operational considerations. Infrastructure development, oversight across federal, state, and local levels, and the public entity’s role in safe integration are all open questions. Kaplan Kirsch helps airport sponsors work through each one as AAM integrates into their communities.
Airport Operator Rights and Responsibilities
Airport operators retain the authority—and the obligation—to act against unauthorized or unsafe UAS use, even when federal preemption is near-exclusive. Kaplan Kirsch counsels airport sponsors on their specific rights and responsibilities and helps build strategies to respond, including law enforcement training, emergency response procedures, and public education campaigns.
Public Sector Use of Drones
Airport sponsors and other public agencies also use UAS and often need FAA authorization to do so. Kaplan Kirsch helps public sector clients secure that authorization. The Firm’s municipal law background and familiarity with FAA regulatory programs shape the legal strategies and ordinances it builds for each client’s circumstance.