The face of aviation is changing, and our way of regulating it needs to adapt. Over the past decade, local control and Federal Aviation Administration (FAA) regulations have sometimes clashed while Americans learn both what Electric Vertical Take Off and Landing (eVTOL) technology can achieve and how to keep everyone safe while we explore these potential benefits. When the Supreme Court overturned Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837 (1984) (Chevron) in June, it opened countless possibilities for local interpretive differentiation of federal regulations, including those of the FAA, because courts no longer must defer to an agency’s reasonable interpretations of their ambiguous regulations. Instead, they will do what they do in every other situation—interpret those regulations according to typical judicial techniques. This will invariably create differences across the country. For the optimum utilization of eVTOL, this change is extremely important. Local areas—such as New York City, for instance—have varying needs and different safety concerns. Thus, local courts, no longer constrained to agency interpretation of a regulation, can make decisions that both follow the law and best serve their community.

In this paper, I explain (1) necessary background by briefly discussing federal preemption in the context of aviation, an overview of US airspace, and a summary of Loper Bright; (2) the present capabilities of eVTOL and how they differ from general aviation, and (3) how to use local control under Loper Bright to ensure safe operation of this evolving technology—with several ideas in how to accomplish it. It is imperative that we ensure not only that people are safe, but that they feel safe, to reap the benefits of such an incredible opportunity.