On October 13, SpaceX’s head Elon Musk announced his intention to initiate legal action against the California Coastal Commission later in the week. This move comes after the commission dismissed SpaceX’s bid to ramp up Falcon 9 rocket launches from Vandenberg Space Force Base, citing Musk’s political engagements as a reason. Musk expressed his dismay on X, stating, “Incredibly inappropriate,” and emphasizing, “What I post on this platform has nothing to do with a ‘coastal commission’ in California!” He also declared his plan to “Filing suit against them on Monday for violating the First Amendment,” but later adjusted his statement to Tuesday because of a federal holiday.
By October 15, SpaceX hadn’t provided a comment on the matter. The request for more launches faced opposition from six commissioners on October 10, while four backed it, despite Vandenberg being one of the world’s leading space launch sites.
Commissioner Gretchen Newsom criticized Musk, saying, “Right now, Elon Musk is hopping about the country, spewing and tweeting political falsehoods and attacking FEMA, while claiming his desire to help the hurricane victims with free Starlink access to the internet.” SpaceX aimed to elevate launch numbers from 36 to 50, allowing for a launch every five days through 2024, an increase from its previously sanctioned 36 launches. These missions, vital for both commercial and military purposes, enjoy broad support, including from 14 Congress members, 10 state legislators, and the U.S. Air Force.
Despite the rejection, the commission hinted the proposal’s journey might not be over. It noted that while it requires certain federal activities to gain approval, entities like the Space Force can proceed as deemed necessary, regardless of the commission’s stance. The commission also retains the option to negotiate or litigate as necessary, as explained by spokesman Joshua Smith to The Epoch Times.
The commission’s refusal to comment on Musk’s critique to The Epoch Times followed a bipartisan push in Congress advocating for the Vandenberg launches, citing national security, broadband access, and wildfire management. U.S. Rep. Kevin Kiley voiced on X, demanding immediate reversal of the “illegal action,” highlighting the signatory support from diverse Congressional members.
The supporting letter referenced the 2024 Commercial Space Integration Strategy by the U.S. Department of Defense, emphasizing the value of integrating commercial capabilities into national security space frameworks, not merely as an auxiliary measure but as a core strategy. It also underlined the financial benefits of this government-private sector collaboration in launch services.
The commission’s decision came shortly after Musk’s appearance at a rally with former President Donald Trump, where Musk remarked on the election’s significance and free speech rights. Trump proposed naming Musk to lead a commission aimed at reducing governmental waste.
Should SpaceX proceed with the lawsuit, it wouldn’t be Musk’s first legal challenge in California. His social media platform recently won an appeal against a California law mandating public disclosure of content moderation policies, with Musk’s legal team arguing it infringed on First Amendment rights. However, not all legal battles have swung in Musk’s favor, as seen in a lawsuit against the Center for Countering Digital Hate, which was dismissed.
SpaceX and the Air Force plan to revisit the commission in December, seeking approval for up to 100 launches in 2025.
