SpaceX filed a lawsuit against the California state agency this week after the agency rejected its proposal to increase launches from the California coastline to 50 a year.
Even though the U.S. Air Force supported the plan on the grounds that further launches of Defense Focus Forces Starlink and StarShield were important to national security, the California Coastal Commission (CCC) on October 10 A decision was made at the meeting.
In the lawsuit, SpaceX alleges that some committee members cited CEO Elon Musk’s political activities and that the committee engaged in “blatant political discrimination” while attempting to illegally regulate the activities of federal agencies. claims to have done so. CCC declined to comment on the matter. SpaceX did not immediately respond to TechCrunch’s request for comment.
The first part of the complaint, which has garnered most of the headlines, requires SpaceX to prove in court that the commission’s decisions were materially influenced by Musk’s politics. But the second part is perhaps more essential. What is the ultimate legal authority for launch activities at defense bases, and are those activities considered federal or civilian when conducted by commercial entities on behalf of the Department of Defense? Will it be possible?
Despite Starlink being a commercial product, SpaceX and the USAF have stated that the launch at Vandenberg Space Force Base is a “federal agency” because of Starlink and the company’s ability to launch other national security payloads. It claims to be an activity.
Under this interpretation, the U.S. Air Force would only need to submit certification that a proposed launch is consistent with national policy.
However, the commission rejected this characterization of SpaceX’s launches, considering that the company also launches commercial payloads and sells Starlink to the public, stating that the increase in launches does not include the company’s “coastal development” It is necessary to apply for a “Permit” (CDP). CCC.
Committee staff recommended that the members reach an agreement with the U.S. Air Force. They argued that the Air Force is committed to taking protective measures against sonic booms and pointed to a lack of evidence that increasing the number of launches per year from 36 to 50 would have a negative impact on the environment. . The committee will have another opportunity to consider increasing launch volume in the near future. SpaceX and the US Air Force are expected to consider increasing launches again to 100 per year.
Commissioners did not unanimously reject SpaceX’s plan (the final vote was 6-4 no), most saying the launch is primarily a private rather than federal activity and therefore requires a CDP. He expressed the opinion that However, it is true that some committee members specifically pointed out Musk’s political activities.
“We’re bringing the private and public together,” Commissioner Mike Wilson said. “This company is owned by the richest man in the world who directly controls perhaps the most extensive communications system on the planet,” Commissioner Mike Wilson said. “Just last week, this guy was on the national stage talking about political retaliation,” he said, referring to Musk’s appearance at President Donald Trump’s rally in Pennsylvania. “We’re talking about promoting this technology and humans who have a lot of power over it, and I just want to acknowledge that.”
SpaceX’s lawsuit also cites a statement from Secretary of State Gretchen Newsom, who said Musk “flew around the country claiming he wanted to help hurricane victims with free access to Starlink, making political false statements.” “He is tweeting and attacking FEMA.”
She went on to praise the U.S. Air Force’s willingness to adopt additional environmental protection measures, but stated that these measures should be implemented by SpaceX, stating, “These items are an obligation and burden to SpaceX. “The military and taxpayers should not assume oversight of these things for the benefit of SpaceX.” she said.
This dispute concerns the differences between federal and private activities, especially as the U.S. government increasingly procures services from private companies rather than purchasing or owning equipment itself across civil and defense agencies. It raises important issues. (For example, the Department of Defense buys capacity from SpaceX rather than owning and operating satellite communications networks for national security and intelligence agencies.)
SpaceX clearly believes that, legally speaking, commercial launches are federal agency activities. The company is asking the Central District Court of California to find the commission’s rejection of the plan illegal.
