SpaceX is suing the California Coastal Commission, after the agency refused to sign off on the Air Force’s plans to increase the number of SpaceX launches from Vandenberg Space Force Base.
The suit claims the action was politically motivated, something the commission denies. Commissioners said the real issue is whether SpaceX is doing military launches, or commercial launches.
"What's being used for public benefit versus what's being used for private benefit," said California Coastal Commission member Dr. Justin Cummings.
Last week, the State Coastal Commission rejected the Air Force’s plan to go from 36 to 50 SpaceX launches from the base annually.
The commission raised issues about environmental concerns like the impact of sonic booms on wildlife. The Air Force came back with plans for a working group which would monitor and act on environmental issues.
"The Department of the Air Force, which includes the Space Force, has a long and rich history of environmental preservation," said Dr. Ravi I. Chaudhary, who is the Assistant Secretary of the Air Force for Energy, Installations, and Environment.
"At Vandenberg, we have deployed the largest footprint of environmental specialists of any installation worldwide. Following our previous hearing, I committed the Department of the Air Force to work with the Commission to address the concerns you expressed. In short, we hear you, and are committed to working with you," said Chaudhary.
It was a big contrast from a Coastal Commission hearing on the issue over the summer, when Air Force officials read a statement about their environmental stewardship, and then refused to take questions.
Some of those who testified at the Coastal Commission hearing said they are pleased with the cooperation, but are still worried.
"We are concerned about the increase to 50 launches. It may seem like a modest increase, 14 more than 36. But remember, just a few years ago there were only six launches a year," said Mandy Sackett, with the Surfrider Foundation. "It's premature to increase the number of launches when the monitoring efforts has just begun."
Some commissioners questioned how many of the launches were for the military, and how many for commercial ventures. They said SpaceX should apply for its own permit, instead of operating under the Air Force umbrella.
"Reluctantly, I am going to vote no, and the reason I am is that I do believe the Space Force has failed to establish that SpaceX is a part of the federal government, a part of our defense, necessary to be decided under a federal consistency rather than a CDP (Coastal Development Plan)," said Commissioner Danya Bochco.
The Commission also expressed concern about what would happen to the working group if former President Trump wins the election. Would the group working on environmental issues be dissolved?
The commission rejected the application on a 6-4 vote. After the meeting, the Commission released a statement from its Executive Director, Kate Huckelbridge.
"Commissioners objected (on Thursday) to authorizing the U.S. Space Force to increase SpaceX rocket launches at Vandenberg Space Force base in large part because the Commission disagrees with the Space Force that launches by a private company should be considered a federal activity," said the statement.
"Commissioners instead requested that SpaceX obtain a Coastal Development Permit for its commercial launches. Commissioners also expressed a desire for more information on the environment effects of the current number and cadence of launches before approving a rapid increase."
Now, SpaceX has filed suit, claiming the action was politically motivated. During the meeting, some commissioners talked about SpaceX CEO Elon Musk’s support for Donald Trump, and some of the political comments he was making.
The commission’s chair told a reporter that the vote was based on SpaceX being a private company, and engaged in private activities which means it needs to apply for a coastal development permit.
The twist to this whole controversy is it’s unclear as to how much authority the Coastal Commission has in regulating launches from a federal facility like the base. That could potentially be another legal fight.
