Judge narrows SpaceX lawsuit against California Coastal Commission
Though U.S. district judge Stanley Blumenfeld ruled in May that SpaceX’s lawsuit against California Coastal Commission for targeting the company because the commissioners did not like Elon Musk’s political views can proceed, in early July he also narrowed the lawsuit significantly.
Blumenfeld granted a motion to dismiss violations of the First Amendment and due process against the commission and individual members based on lack of standing, sovereign immunity and failure to state a claim, but allowed allegations of “biased attempts to regulate SpaceX’s activity” and unlawfully demanding a CDP to proceed.
“In sum, SpaceX has plausibly alleged a ripe, nonspeculative case or controversy over whether it must obtain a CDP to continue its Falcon 9 launches,” Blumenfeld said in his order. “The credible threat that defendants will bring an enforcement action and subject SpaceX to daily fines for not having a CDP — which defendants pointedly do not disavow — is sufficient to establish an actual injury under Article III [of the U.S. Constitution].”
It appears the judge acted to protect the commissioners themselves from direct liability, using the made-up concept from the 20th century that government employees are somehow wholly immune from any responsibility for their actions.
Nonetheless, SpaceX has a great case, and is very likely to win in court, a victory that could very well cause the coastal commission and the state of California serious monetary pain.
On Christmas Eve 1968 three Americans became the first humans to visit another world. What they did to celebrate was unexpected and profound, and will be remembered throughout all human history. Genesis: the Story of Apollo 8, Robert Zimmerman's classic history of humanity's first journey to another world, tells that story, and it is now available as both an ebook and an audiobook, both with a foreword by Valerie Anders and a new introduction by Robert Zimmerman.
The print edition can be purchased at Amazon or from any other book seller. If you want an autographed copy the price is $60 for the hardback and $45 for the paperback, plus $8 shipping for each. Go here for purchasing details. The ebook is available everywhere for $5.99 (before discount) at amazon, or direct from my ebook publisher, ebookit. If you buy it from ebookit you don't support the big tech companies and the author gets a bigger cut much sooner.
The audiobook is also available at all these vendors, and is also free with a 30-day trial membership to Audible.
"Not simply about one mission, [Genesis] is also the history of America's quest for the moon... Zimmerman has done a masterful job of tying disparate events together into a solid account of one of America's greatest human triumphs."--San Antonio Express-News
Though U.S. district judge Stanley Blumenfeld ruled in May that SpaceX’s lawsuit against California Coastal Commission for targeting the company because the commissioners did not like Elon Musk’s political views can proceed, in early July he also narrowed the lawsuit significantly.
Blumenfeld granted a motion to dismiss violations of the First Amendment and due process against the commission and individual members based on lack of standing, sovereign immunity and failure to state a claim, but allowed allegations of “biased attempts to regulate SpaceX’s activity” and unlawfully demanding a CDP to proceed.
“In sum, SpaceX has plausibly alleged a ripe, nonspeculative case or controversy over whether it must obtain a CDP to continue its Falcon 9 launches,” Blumenfeld said in his order. “The credible threat that defendants will bring an enforcement action and subject SpaceX to daily fines for not having a CDP — which defendants pointedly do not disavow — is sufficient to establish an actual injury under Article III [of the U.S. Constitution].”
It appears the judge acted to protect the commissioners themselves from direct liability, using the made-up concept from the 20th century that government employees are somehow wholly immune from any responsibility for their actions.
Nonetheless, SpaceX has a great case, and is very likely to win in court, a victory that could very well cause the coastal commission and the state of California serious monetary pain.
On Christmas Eve 1968 three Americans became the first humans to visit another world. What they did to celebrate was unexpected and profound, and will be remembered throughout all human history. Genesis: the Story of Apollo 8, Robert Zimmerman's classic history of humanity's first journey to another world, tells that story, and it is now available as both an ebook and an audiobook, both with a foreword by Valerie Anders and a new introduction by Robert Zimmerman.
The print edition can be purchased at Amazon or from any other book seller. If you want an autographed copy the price is $60 for the hardback and $45 for the paperback, plus $8 shipping for each. Go here for purchasing details. The ebook is available everywhere for $5.99 (before discount) at amazon, or direct from my ebook publisher, ebookit. If you buy it from ebookit you don't support the big tech companies and the author gets a bigger cut much sooner.
The audiobook is also available at all these vendors, and is also free with a 30-day trial membership to Audible.
"Not simply about one mission, [Genesis] is also the history of America's quest for the moon... Zimmerman has done a masterful job of tying disparate events together into a solid account of one of America's greatest human triumphs."--San Antonio Express-News
CDP refers to a Coastal Development Permit.
The Malibu Fires: 6 Months later
Adam Carolla
https://youtu.be/r4UHpXvCiw4
10:21
One of these days I wish qualified immunity would be defined back to what it was intended to be, cops and firemen in the heat of their jobs making snap decisions and not used as cover for government thugs.
The Unusual Suspects
https://www.coastal.ca.gov/roster.html