After praising a new spirit of cooperation with the creation of a working group, the California Coastal Commission on Thursday voted against SpaceX boosting its number of annual launches to 50 a year from Vandenberg Space Force Base.

However, the rejection could be moot because of the ongoing difference of opinion about how to handle SpaceX missions as the dispute appears to be inching toward legal action.

During Thursday’s meeting in San Diego, the Department of Air Force sought the commission’s concurrence regarding a federal consistency determination for an increase in the number of Falcon 9 rocket launches a year from 36 to 50.

Commissioners and the military have had strong differences regarding SpaceX operations and whether they should be classified as a federal activity or a private business. As a private business, SpaceX would have to apply for its own Coastal Development Permit, rather than fall under the umbrella of federal government. 

After more than three hours on the issue Thursday, the panel voted 6-4 against granting concurrence with the federal consistency determination.

SpaceX has already launched 32 times from Vandenberg in 2024 and could exceed the 36 mark in weeks.

“We are focused on safe and effective launch operations conducted under the existing 36-launch agreement,” Col. Mark Shoemaker, Space Launch Delta 30 commander, said Friday. “We are assessing the outcome from Thursday, and it is too soon to comment on launch cadence beyond the current capacity constraint.  

“We remain committed to collaborating with federal and state agencies to assess the requirements of our national security mission to provide Space Access from Vandenberg SFB, while performing our environmental stewardship mandate.”

Before Thursday’s vote, a coastal commissioner asked what could happen with a non-concurrence.

“If the commission were to object today, Space Force/Air Force could decide to unilaterally determine that this activity is consistent with our management program and proceed,” said Cassidy Teufel, the California Coastal Commission’s deputy director. “If they were to do that, we have recourse through mediation and litigation.”

Since Vandenberg is a federal site, the California Coastal Commission doesn’t issue permits or have the ability to approve or reject actual projects. Instead, it approves measures aimed at protecting coastal access and resources. 

The Air Force contends that all SpaceX launches benefit the military since a robust program helps reduce costs. But commissioners, also irked by Elon Musk’s increasingly political activity and misinformation campaign on social media, have upped their opposition to treating SpaceX as a federal activity.

Additionally, the impacts of the upcoming presidential election also hovered above the discussion, and how existing cooperative agreements could change if the presidential administration changes.

“Reluctantly, I’m going to vote no, and the reason I am is I do believe that Space Force has failed to establish that SpaceX is a part of the federal government, part of our defense necessary to be decided under a federal consistency rather than a CDP,” Commissioner Dayna Bochco said.

Chair Caryl Hart agreed that the SpaceX mission should be considered private business, and added that she wanted more details about impacts related to sonic booms, coastal debris and wildlife in the area because of the increased launches.

Hours before the commission’s vote, agency staff said the increase from 36 to 50 wouldn’t increase Jalama Beach County Park closures or evacuations and would not boost the number of landings at Vandenberg, with both remaining at 12 annually.

Additionally, the request for 14 more launches could be considered a bridge since Vandenberg officials expect to submit the request for 100 Falcon launches in early 2025. Commissioners could consider that item several months later. 

About two months ago, Vandenberg officials agreed to seven conditions leveled by the California Coastal Commission to allow a launch increase from six to 36 a year.

That included further analyzing sonic booms and taking steps to minimize them plus convening a multiagency working group to enhance biological monitoring programs and assess results and otherwise assess various factors. 

Steps already implemented include adding internet service at Jalama Beach to facilitate check-ins for campers and reduce the number of weather balloons plus equipment used for each one. 

The commission recommended that the panel concur with consistency determination for the increase from 36 to 50.

In addition to Vandenberg representatives, Assistant Secretary of the Air Force Ravi Chaudhary, who oversees energy, installations and environment, emphasized that the military will continue to work with the state agency. 

The military looks to protect assured access to space “in a decade of extreme consequence for our nation’s security.”

“In closing, I’m out here to prove that national security and coastal protection are not an either-or proposition. Let’s prove it together,” Choudhary said. 

After the vote, he also emphasized “an unwavering commitment” to preserving the 42 miles of coastline and the species living there. 

“The Space Force’s dedication to collaboration here is in many ways unprecedented,” Choudhary said. “So is our commitment to ensuring dialogue continues.”