Orbital ATK suit against DARPA dismissed


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A lawsuit filed by Orbital ATK against a DARPA satellite servicing project that Orbital believed was in direct competition with its own servicing project has been thrown out.

Essentially, the judge ruled that the suit had no real basis in law.

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2 comments

  • Edward

    This comes from that “bastion of accuracy,” Wikipedia, but:
    https://en.wikipedia.org/wiki/Administrative_Procedure_Act_(United_States)
    “In order to protect citizens, the APA also grants the judiciary oversight over all agency actions.

    This suggests that any agency’s actions are subject to judiciary oversight, not just policy violations. Apparently, this court has decided that is not true.

    From the Space News article: “The court also concluded that the national space policy was not subject to the Administrative Procedure Act, the law Orbital ATK claimed DARPA was in violation of by failing to abide by the policy. Such policies, the court ruled, do not have the force of law.

    Apparently, agencies may freely act in violation of their own policies without judiciary oversight, and no one may complain about such violations of policy, at least not in the courts, whose sole job it is to be a disinterested third party in order to peacefully resolve disputes.

    If we cannot count on government agencies to follow their own policies, what good are those policies? If we cannot count on the courts to resolve disputes, what good are the courts?

    I think that the court used the wrong criteria in order to allow another government entity to continue on with its wishes.

  • wodun

    Apparently, agencies may freely act in violation of their own policies without judiciary oversight, and no one may complain about such violations of policy, at least not in the courts

    Unless it is environmental groups suing the EPA, then policies like this must be enforced while paying out huge settlements to environmental groups.

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