You’ve been a leader at the intersection of drone policy and innovation for years. How have you seen the regulatory landscape for uncrewed aircraft systems evolve since you co-founded the Commercial Drone Alliance?
It’s been almost a decade now since we launched the Commercial Drone Alliance. Notwithstanding our best efforts, current policy has not kept pace with industry innovation. This has effectively placed a ceiling on what drone operators and manufacturers can do here in the United States, even when the technology is capable of much more. Much of the problem is that many of the regulations applicable to commercial drone operations were developed decades ago and never contemplated today’s UAS technology and the innovative ways in which they operate. While we wait for the federal government to update U.S. regulations, many of our foreign peers and competitors have developed very innovative and adaptive regulatory policies which have allowed them to take the lead when it comes to scaling drone operations. We need to regain and restore US leadership in commercial drones—and critical to this effort is maturing the regulatory frameworks and cutting bureaucratic red tape that currently hinders the industry.
As chair of Hogan Lovells’ UAS practice, what are some of the most pressing legal and policy challenges facing commercial drone operators today?
We are lucky—we work with many of the most innovative and entrepreneurial companies in the industry. As lawyers, our goal is to help businesses in this dynamic ecosystem scale safely and securely.
There are three areas that come to mind in particular. The first—as I mentioned previously—is the antiquated nature of the current regulatory framework. Currently, drone operators wishing to conduct advanced drone operations—ranging from aerial agriculture spraying and public safety missions to commercial package delivery and infrastructure inspections—must apply for and receive case-by-case approvals from the FAA. Operators often wait months for applications to be evaluated, and many requests are denied simply for lack of information the applicant had no indication was needed. This bureaucratic barrier stifles innovation and hampers the ability for the industry to scale operations in a timely way.
The second area receiving a lot of attention right now arises from international trade and supply chain challenges. Unfortunately, many of the critical components required to manufacture drones—such as batteries, sensors, and flight controllers—are manufactured in China. This has created uncertainty for the marketplace and challenges for the broader ecosystem.
Third, we need to facilitate the expansion of large-scale drone operations while also allowing for expanded use of counter-drone technology. Innovation and security are two sides of the same coin—we must both encourage large-scale UAS integration into the NAS while also increasing employment of counter-UAS technologies to protect Americans from nefarious drone use. The current legal structure governing counter-drone technology is also antiquated and inhibits the fielding of this technology to places where it is needed most. The CDA supports appropriately tailored legislation which facilitates the implementation of counter-UAS technology in flight restricted areas and expands existing counter-drone authorities.
The FAA’s Beyond Visual Line of Sight (BVLOS) rulemaking is highly anticipated. What are your hopes for this rule, and how might it shape the future of the drone industry?
The BVLOS rulemaking is a critical deregulatory action which will enable the industry to scale commercial drone operations. Current drone regulations permit flights almost exclusively limited to line of sight, which severely inhibits the economic and safety benefits of UAS. The BVLOS rule will remove this restriction and allow the drone industry to truly begin to scale operations in a way that will allow for the economic and humanitarian benefits of drones to be fully realized. Along with this expansion will come an influx of capital into the industry and the creation of thousands of high-quality American jobs both in the industry and across a rapidly growing network of associated data and technology services that support UAS operations. We also expect the BVLOS rule will improve electronic conspicuity and transparency in the national airspace. This will increase the level of safety for all users and provide a framework for third party entities to provide safety-enhancing services.
Collaboration between government and industry is crucial. What has been the role of the Commercial Drone Alliance in fostering that partnership, and what progress have you seen recently?
The CDA is an independent non-profit organization led by the key leaders and innovators in the commercial drone industry. We are proud to work with all stakeholders, including from across the federal government, to enhance industry growth. We developed many of the drone provisions in the FAA Reauthorization Act of 2024 working with congressional staff, and this year we are working closely with leadership in the Executive Branch to implement those provisions. Commercial drone integration is a bi-partisan issue that everyone can get behind.
You’ve worked in both the public and private sectors. How has that dual perspective shaped your approach to advancing UAS integration into the national airspace?
My work in both the public and private sectors has allowed me to think about how the economic and societal benefits of commercial drone operations go hand-in-hand, and how effective policy in this area stems from close collaboration between industry and government. I still vividly remember the first-ever meeting of the UAS Interagency working group. The conversation revolved around safety, security, and privacy— how could we enable drones to fly among helicopters, manned aircraft, over people and roads? For the industry to succeed and effectively meet the needs of all Americans, it is essential to thoroughly address these areas. But my time in the private sector has emphasized that business and access to capital matter as well. Well-crafted policies account for all of these factors, and lay the groundwork for the industry to grow and thrive.
What industries do you believe will be most transformed by drone technology in the next five years, and what barriers still need to be overcome to unlock that potential?
The commercial drone industry is already delivering significant life-saving, societal, and economic benefits for Americans. These advancements are being realized across various sectors, where drones are enhancing operational efficiency and safety. By integrating cutting-edge technology, drones are driving innovation and creating new opportunities for growth and development.
In places like Dallas-Fort Worth, we have already seen how commercial drone delivery is transforming the way goods—ranging from everyday household items to lifesaving medical supplies—are delivered to end users. Many of these benefits flow directly to small businesses who can reach a wider customer base thanks to the extended reach that drones provide. And the advantages extend well beyond economic gains for both consumers and businesses. Drone delivery decreases road congestion, reduces CO2 emissions, and increases access for rural areas to prescription medication and other medical necessities.
In the critical infrastructure, utilities, and energy sector, drones can conduct safety inspections for essential structures such as bridges, railways, power lines, pipelines, telecommunication towers, and power plants. Many of these inspections are inherently dangerous and costly, but drones can make them safer, more affordable, and more consistent. Utility providers have also had great success in using drones in the wake of natural disasters to assess damage and guide crews to quickly and efficiently restore services to their customers.
Public safety agencies are also increasingly adopting drones to enhance their operational capabilities. Drones provide real-time aerial intelligence, improve response times, and reduce risks to personnel during emergencies. Many police departments have created Drone as a First Responder (DFR) programs in which drones are located at strategic locations throughout a community and can be dispatched immediately upon receipt of an emergency call. For smaller public safety departments, drones offer a less expensive option than helicopters and other manned aircraft which are significantly more expensive to operate.
We are also seeing the expansion of drone use to enable the next generation of precision agriculture. With fewer entrants into the agricultural labor force each year and the size of American farms increasing, the agriculture industry is looking to increase its use of technology and automation to keep pace with a growing population’s demand for food. Drones are filling this gap by assessing plant health through the usage of image analysis, conducting soil analysis and drainage mapping, and precisely applying water and agrichemicals in a way that reduces inefficiencies and saves farmers money.
But to scale operations in these sectors requires a regulatory structure that supports long-term growth. The first step in unlocking the potential of these applications is to standardize large-scale BVLOS operations and ease the current regulatory restrictions inhibiting these types of operations.
Looking ahead, what gives you the most optimism about the future of commercial drones in the U.S. and globally?
My optimism is fueled by the thousands of smart, passionate individuals both in the commercial drone industry and in government who are working hard to bring the benefits of drones to everyday Americans. This is a very collaborative industry, and I am continually impressed by the innovation, thoughtfulness, and enthusiasm everyone brings to the table. My clients and our CDA membership are what motivates me and why I am so optimistic about the future of this industry.
