Judge rules that SpaceX’s lawsuit against the California Coastal Commission can go forward
A federal judge yesterday ruled that SpaceX’s lawsuit against the California Coastal Commission for its actions attempting to block Falcon 9 launches at Vandenberg because a majority of the commissioners don’t like Elon Musk’s politics can now go forward.
U.S. District Judge Stanley Blumenfeld Jr., a Donald Trump appointee, denied in part California’s request to dismiss the case at a hearing Friday in Los Angeles federal court. In a tentative decision, which wasn’t made publicly available, the judge rejected the state’s argument that four of SpaceX’s claims for declaratory relief weren’t “ripe” because the commission hadn’t enforced a threatened requirement for SpaceX to obtain a coastal development permit for the expanded launch schedule. “The tentative doesn’t find that the evidence is compelling, but that it is sufficient at this stage,” the judge said at the hearing.
This same judge had earlier ruled in favor of the coastal commission, noting that the commission has no real power to limit SpaceX operations at the military base and thus the company could not demonstrate harm. SpaceX amended its complaint to emphasize the harm caused to Musk’s free speech rights, and this was sufficient for the judge to change his ruling in favor of SpaceX.
This ruling doesn’t mean SpaceX and Musk have won. It means the judge considers their case sufficient for it to the lawsuit to proceed.
SpaceX’s complaint stems from an insane October 2024 hearing before the commission, where multiple commissioners came out against a SpaceX request to increase its launches at Vandenberg not because it might harm the environment but because Elon Musk now supported Donald Trump.
Their actions that day were a clear abuse of power for political reasons, and a clear violation of Elon Musk’s right to free speech.
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A federal judge yesterday ruled that SpaceX’s lawsuit against the California Coastal Commission for its actions attempting to block Falcon 9 launches at Vandenberg because a majority of the commissioners don’t like Elon Musk’s politics can now go forward.
U.S. District Judge Stanley Blumenfeld Jr., a Donald Trump appointee, denied in part California’s request to dismiss the case at a hearing Friday in Los Angeles federal court. In a tentative decision, which wasn’t made publicly available, the judge rejected the state’s argument that four of SpaceX’s claims for declaratory relief weren’t “ripe” because the commission hadn’t enforced a threatened requirement for SpaceX to obtain a coastal development permit for the expanded launch schedule. “The tentative doesn’t find that the evidence is compelling, but that it is sufficient at this stage,” the judge said at the hearing.
This same judge had earlier ruled in favor of the coastal commission, noting that the commission has no real power to limit SpaceX operations at the military base and thus the company could not demonstrate harm. SpaceX amended its complaint to emphasize the harm caused to Musk’s free speech rights, and this was sufficient for the judge to change his ruling in favor of SpaceX.
This ruling doesn’t mean SpaceX and Musk have won. It means the judge considers their case sufficient for it to the lawsuit to proceed.
SpaceX’s complaint stems from an insane October 2024 hearing before the commission, where multiple commissioners came out against a SpaceX request to increase its launches at Vandenberg not because it might harm the environment but because Elon Musk now supported Donald Trump.
Their actions that day were a clear abuse of power for political reasons, and a clear violation of Elon Musk’s right to free speech.
Readers!
My annual February birthday fund-raising drive for Behind the Black is now over. Thank you to everyone who donated or subscribed. While not a record-setter, the donations were more than sufficient and slightly above average.
As I have said many times before, I can’t express what it means to me to get such support, especially as no one is required to pay anything to read my work. Thank you all again!
For those readers who like my work here at Behind the Black and haven't contributed so far, please consider donating or subscribing. My analysis of space, politics, and culture, taken from the perspective of an historian, is almost always on the money and ahead of the game. For example, in 2020 I correctly predicted that the COVID panic was unnecessary, that the virus was apparently simply a variation of the flu, that masks were not simply pointless but if worn incorrectly were a health threat, that the lockdowns were a disaster and did nothing to stop the spread of COVID. Every one of those 2020 conclusions has turned out right.
Your help allows me to do this kind of intelligent analysis. I take no advertising or sponsors, so my reporting isn't influenced by donations by established space or drug companies. Instead, I rely entirely on donations and subscriptions from my readers, which gives me the freedom to write what I think, unencumbered by outside influences.
You can support me either by giving a one-time contribution or a regular subscription. There are four ways of doing so:
1. Zelle: This is the only internet method that charges no fees. All you have to do is use the Zelle link at your internet bank and give my name and email address (zimmerman at nasw dot org). What you donate is what I get.
2. Patreon: Go to my website there and pick one of five monthly subscription amounts, or by making a one-time donation.
3. A Paypal Donation or subscription:
4. Donate by check, payable to Robert Zimmerman and mailed to
Behind The Black
c/o Robert Zimmerman
P.O.Box 1262
Cortaro, AZ 85652
You can also support me by buying one of my books, as noted in the boxes interspersed throughout the webpage or shown in the menu above.
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