SpaceX files federal lawsuit against California Coastal Commission’s decision to limit Falcon 9 launches from Vandenberg Space Force Base
LOS ANGELES, Calif. – SpaceX has filed a lawsuit in federal court against the California Coastal Commission alleging political discrimination and unlawful regulation of a federal activity after the state regulatory body rejected a request to increase launches from Vandenberg Space Force Base earlier this month.
The lawsuit, filed in the U.S. District Court for the Central District of California on Tuesday, states that the Coastal Commission does not have jurisdiction over federal agency activities at the spaceport located on California's Central Coast.
"[T]he National Defense Strategy, the U.S. Defense Department Commercial Space Strategy, and the U.S. Space Force Commercial Space Integration Strategy, uniformly concluded that commercial space capabilities—including launch—are critical to the national security interests of the United States," stated the lawsuit. "[T]he Commission’s punitive decision, violating core Constitutional protections of free speech and due process, undermines U.S. national security and is blatantly illegal, trampling over (i) federal law; (ii) exclusive federal jurisdiction over military bases and other federal enclaves; and (iii) the Commission’s own governing statutory boundaries."
According to the suit, SpaceX currently leases the land from Vandenberg Space Force Base used for the Falcon 9 launch program, but the U.S. Air Force, "retains ultimate authority over the use of the land and launch facilities".
While the suit argues that the Commission has not contested that commercial space launches from the federal installation are federal agency activities since its creation in 1972, it does note that since December of 2023, "the Commission has repeatedly asserted that the Base’s Falcon 9 launch program is not federal agency activity and demanded that SpaceX obtain a CDP [coastal development permit] to conduct Falcon launches."
Indeed, the suit cites a letter sent to SpaceX by the Commission on Sep. 27, 2024, that states SpaceX must obtain an after-the-fact coastal development permit for previous launches as well as for future launch activities.
SpaceX isn't the only launch service provider in the United States.
Companies like Rocket Lab, United Launch Alliance, and Northrup Grumman all already have operable launch vehicles.
Your News Channel reached out to all three to see if the California Coastal Commission has ever requested those companies apply for coastal development permits for past or present launches in the state.
In July of 2024, the U.S. Air Force explained, "The Proposed Action [i.e., increased launch capacity at the Base] is needed to meet current and anticipated near-term future U.S. Government launch requirements for national security, space exploration, science, and the Assured Access to Space process of the NSSL program. It is the policy of the U.S. to ensure that the U.S. has the capabilities necessary to launch and insert national security payloads into space whenever needed, as described in 10 U.S.C. § 2773. The Proposed Action is also needed so that SpaceX can continue to implement U.S. Government missions while simultaneously meeting its increasing commercial launch demands."
Before the six-to-four decision against the United States Air Force's proposal to increase launches from 36 to 50 per year on Oct. 10, members of the commission specifically cited SpaceX and its principal owner and CEO, Elon Musk, for their decision.
"The concern is with SpaceX increasing its launches, not with the other companies increasing their launches," said Commission Chair Hart during the October hearing.
The suit alleges that, regardless of jurisdiction over federal activities, those comments during the public meeting are a violation Constitutional protections arguing, "The Commission’s 6-4 vote against SpaceX’s plan to increase Falcon 9 launches was substantially based upon the Commissioners’ bias and animus against Elon Musk and SpaceX. It therefore constitutes prohibited retaliation in violation of the First Amendment to the U.S. Constitution, applicable against Defendants pursuant to the Fourteenth Amendment and 42 U.S.C. § 1983."
"[T]he Commission’s decision to not concur in the Air Force’s consistency determination and demands that SpaceX submit a consistency certification and obtain a CDP [coastal development permit] should be declared unlawful under the First Amendment of the United States Constitution, unenforceable against SpaceX, and enjoined," requested plantiff's in their lawsuit. "If the Commission’s activity delays or prohibits even a single SpaceX launch, such a delay or cancelation could cost SpaceX for launch delay, launch replanning, or damages for being unable to timely fulfill commitments to its customers."
A federal consistency determination is a state-level decision concerning federal actions that impact local coastal zones and would be an escalation of the Coastal Commission's efforts to require SpaceX to apply for a coastal development permit for commercial launches.
Your News Channel reached out to the California Coastal Commission for comment and has not received a response.
