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.
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.