Orbital ATK suit against DARPA dismissed
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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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.
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.
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.
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.