Participants will hear from speaker Wendie L. Kellington, Kellington Law Group PC, and gain an understanding of the National Airspace System (NAS) and the FAA’s exclusive jurisdiction over aircraft operations, including commercial drones and air taxis operating under 400 feet above ground level. The session will examine the scope of federal preemption over state and local efforts to restrict unmanned aircraft operations, including key takeaways from the FAA’s 2023 General Counsel Fact Sheet.
The program will also analyze the continuing tension between private property rights and public airspace regulation, including tort-based claims for aerial trespass and nuisance, and the enduring relevance—and rejection—of the “ad coelum” doctrine. The session concludes with a discussion of potential frameworks for resolving these conflicts, including regulatory harmonization and judicial developments.