Houston, We Have a Problem: California Expresses Grave Concerns About Expedited Commercial Space Launches Evading Environmental Reviews

OAKLAND - California Attorney General Rob Bonta, alongside the California Coastal Commission, the California Natural Resources Agency, the California Environmental Protection Agency, and the California Department of Fish and Wildlife (collectively, "California"), submitted a comment letter expressing grave concerns about the Federal Aviation Administration's (FAA) proposed rule that would broadly waive 13 U.S. environmental laws for a wide range of commercial space licenses and permits. Specifically, the proposed rule would allow the FAA to avoid complying with critical U.S. environmental laws such as the National Environmental Policy Act (NEPA), the Endangered Species Act, and the Clean Water Act, when approving licenses and permits for commercial space launches and operations. In the comment letter, California lays out its deep concerns with this ill-conceived proposed rule that would pave the way for increased, environmentally harmful space launch activity while eviscerating protections from environmental laws, leading to potential harms to public health. The rule would also drastically reduce opportunities for the public to engage with and be informed about space launch projects in California.

"California is the fourth largest economy in the world and home to roughly one-third of the world's space companies. It is also home to a rich and diverse environment with extensive natural resources that sustain our communities. Responsible innovation and sound stewardship go hand in hand," said Attorney General Bonta. "This proposed rule ignores the values that are a bedrock of our robust economy. Our letter lays out these concerns and urges the Trump Administration to rescind their rule."

California has a strong interest in space launches, as the state hosts these launches primarily at the Vandenburg Space Force Base on the coast north of Santa Barbara. California's launch capabilities are extensive, with over 2,000 launches to date. A third of U.S. space technology companies call California home - this is a thriving sector of California's economy, accounting for about $37 billion in the state's annual gross domestic product and over 110,000 California jobs. California is also home to a rich and diverse environment with extensive natural resources, from the varied islands off the coastline and nine National Parks. It is the most biodiverse and ecologically diverse state in the United States.

In the comment letter, California lays out the following concerns:

• The proposed rule is illegal because the FAA does not have authority under the statute to waive compliance with 13 U.S. environmental laws for all commercial licenses to operate launch sites, reentry sites, operation of launch and reentry vehicles, and experimental permits.
• The open-ended and unlimited scope of the waiver is so overbroad that the FAA has not, and could not, make a legally supportable determination. Commercial space launches are rapidly increasing, while the technology remains new with potential impacts that are not yet fully understood.
• The FAA proposal violates NEPA because the FAA cannot reasonably conclude that the proposed action need not comply with 13 U.S. environmental laws without first ensuring it has first taken a hard look at the context-specific conditions of its proposed action and at necessary mitigation measures.
• The proposed rule violates the Administrative Procedure Act and is arbitrary and capricious.