SpaceX’s Polaris Dawn Falcon 9 rocket is being prepared for another launch attempt at Launch Complex 39A in NASA’s Kennedy Space Center, located in Cape Canaveral, Florida, as of September 9, 2024.
Elon Musk, CEO of SpaceX, announced that the company will file a lawsuit against the Federal Aviation Administration (FAA), citing “regulatory overreach.” This decision follows the FAA’s announcement that it would fine SpaceX $633,000 for non-compliance with various licensing and safety regulations during two launches conducted in the previous year.
The FAA’s concerns include SpaceX’s use of an “unapproved rocket propellant farm” for the EchoStar XXIV Jupiter mission in July 2023. Additionally, SpaceX modified its communication plans and used a launch control room which was not approved during a launch from Cape Canaveral Space Force Station in June 2023. The FAA had notified SpaceX on June 16, 2023, that it would not issue a modification to the company’s license, but SpaceX proceeded with the launch.
Musk and SpaceX have not provided further comments on the substance of their complaint against the FAA. Musk referred to the FAA’s proposed penalties as “lawfare” in a social media post. He criticized the FAA, citing that NASA relies on SpaceX for astronaut transport to and from the International Space Station, and suggested that the FAA’s leadership might be overstepping its knowledge. Musk expressed confidence that legal discovery processes would reveal politically motivated actions by the FAA.
The FAA has not responded to requests for comments.
In a recent blog post, SpaceX highlighted the challenges faced by launch companies under the current regulatory environment, particularly in relation to “launch and reentry licensing.”
Previously, in 2022, the FAA fined SpaceX $175,000 for failing to submit required data ahead of a Falcon 9 launch. SpaceX had paid this fine by October of last year. Moreover, in August, the FAA withdrew an approved environmental review for SpaceX’s Starship Super Heavy vehicle, citing SpaceX’s failure to disclose multiple enforcement actions from state and federal environmental authorities in Texas.
The FAA’s most recent proposed fines underscore ongoing difficulties in obtaining necessary information from SpaceX promptly for reviewing and authorizing launches and reentries. Additionally, regulatory issues extend to environmental compliance, as investigations by the Environmental Protection Agency and the Texas Commission on Environmental Quality revealed repeated Clean Water Act violations at SpaceX’s Starbase facility in Boca Chica, Texas.
Elon Musk has also had disputes with the National Labor Relations Board (NLRB), filing a lawsuit claiming the NLRB’s structure is unconstitutional and its processes breach the separation of powers doctrine.
