SpaceX has filed a federal lawsuit accusing a state agency of “egregiously and unlawfully overreaching its authority” when the panel rejected a boost in launches from Vandenberg Space Force Base amid Elon Musk’s increasing political activity.
The lawsuit filed in the U.S. District Court’s Central District of California named the California Coastal Commission, Executive Director Kate Huckelbridge and individual commissioners as defendants.
Attorneys filed the lawsuit Tuesday, hours after the firm’s 33rd Falcon 9 launch of 2024 occurred at Vandenberg, putting SpaceX close to the limit of 36 now allowed.
The request considered at last week’s Coastal Commission meeting asked for 50 a year with plans to return with a proposal to conduct 100 launches annually from the base.
The state panel engaged in “naked political discrimination” against SpaceX, violating the rights of free speech and due process, the firm’s attorneys said.
“Rarely has a government agency made so clear that it was exceeding its authorized mandate to punish a company for the political views and statements of its largest shareholder and CEO,” the lawsuit says.
“Second, the commission is trying to unlawfully regulate space launch programs—which are critical to national security and other national policy objectives — at Vandenberg Space Force Base (the base), a federal enclave and the world’s second busiest spaceport.”
Last week, Coastal Commissioners voted 6-4 against a request to boost the number of SpaceX launches from 36 a year to 50 at Vandenberg amid a dispute about how much authority they have over rocket liftoffs.
The lawsuit named individuals commissioners including Meagan Harmon, who also serves on the Santa Barbara City Council, although she recently has abstained from discussing and voting on SpaceX-related issues. A relative works for United Launch Alliance so the commission’s legal counsel suggested she abstain from the items due to a potential conflict.
For the past several months, commissioners have increasingly commented on Musk’s political activity as they talked about the SpaceX launches at Vandenberg.
“The Commission also made clear that its objection was rooted in animosity toward SpaceX and the political beliefs of its owner Elon Musk, not concern for the coastal zone,” the lawsuit said.
Comments during the Oct. 10 meeting also discussed the impacts of Nov. 5 election on the presidential administration and Defense Department leaders.
In her comments, Chair Caryl Hart said Musk “aggressively injected himself into the Presidential race and made it clear what his point of view is.”
Additionally, Commissioner Gretchen Newsom (no relation to the governor), said that “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.”
Newsom serves as a San Diego labor leader with the International Brotherhood of Electrical Workers. Musk has spoken out against unions at his companies.
Other commissioners aired similar concerns Oct. 10 and at previous meetings about reports regarding Starlink operations by Ukraine.
But SpaceX maintains military leaders have called SpaceX a great partner related to its Starlink system in Ukraine.
“As these statements show, the impact of the proposed launch cadence increase on the coastal region was the last topic on the commissioners’ minds at the October 2024 meeting,” the lawsuit alleges.
The Coastal Commission, created in 1972, is tasked with protecting coastal resources and beach access.
For decades the state panel has concurred Vandenberg’s launches are consistent with policies protecting California’s coast.
Recent reviews to boost the launches from six to 36 led to agreements to implement several actions including alerts about looming launches, installing internet at Jalama Beach County Park and more.
Commissioners have increasingly pushed for SpaceX to be treated as private company, while Defense Department officials maintain it’s federal activity and doesn’t require a Coastal Development Permit.
This meant military members have appeared before the commission, but the panel has pushed for SpaceX representatives to be present.
SpaceX contends it’s being treated unfairly.
“Even now, the commission has continued to agree that every other commercial launch operator’s launch programs at the base are federal agency activities, as demonstrated by recent concurrences relating to other commercial launch providers.”
In the lawuit filed by San Francisco-based attorney Tyler Welti from Venable LLP., SpaceX has asked a federal judge to declare the Falcon 9 launch program at Vandenberg is “federal agency activity” under the Coastal Zone Management Act and does not require a consistency certification.
Additionally, they want the court to declare the state agency lacks authority to require a Coastal Development Permit for the base’s Falcon 9 launch program operated by SpaceX.
They also want a ruling that the Coastal Commission’s actions violate the First and Fourteenth Amendments and asked for attorney’s fees and court costs.
Coastal Commission staff declined to comment on the lawsuit.
“We are focused on working closely with federal and state agencies to ensure safe and effective launch operations conducted under the existing 36-launch agreement,” Col. Mark Shoemaker, Space Launch Delta 30 commander at Vandenberg, said.
“We remain committed to our national security mission to provide space access from Vandenberg SFB, while performing our environmental stewardship mandate,” Shoemaker added.
