Tag: bankruptcy

Part 3: Fixing our bloated federal government and the administrative state is going to take decades

12:43 pm

The lion now is roaring, quite loudly
The lion now is roaring, quite loudly.
Photo by Travis Jervey.

In part 1 of this series I described how it appears the American public today is no longer asleep and is instead very aggressively participating in the political and cultural debate in ways it has not in many decades, noting how this shift suggests we are experiencing a much more fundamental societal change than a mere shift in voting demographics.

In part 2 of this series I described how this fundamental shift has begun to express itself within the courts and politics in ways unheard of only five years ago. This expression illustrates the bottom-up nature of America, whereby the citizen is sovereign and our so-called leaders can only resist what those citizens want for only so long. And when those citizens become energized, as they now are, that resistance will evaporate with amazing speed.

In part 3 today I am going to take a more pessimistic view, based not on recent events but on the longer view I take naturally as a historian. I do this all the time in my histories. In Genesis: the Story of Apollo 8, in describing the political background behind that mission, I could not help noting how that mission changed America and its social goals significantly, for both good and ill. In Leaving Earth, I opened the book like so:

Societies change. Though humans have difficulty perceiving this fact during their lifetimes, the tide of change inexorably rolls forward, sometimes for better, sometimes for worse.

I then documented in detail the space efforts by both Russia and the United States in the decades after the Apollo landing and the politics behind those programs, with both providing a great window into how both societies changed in the second half of the 20th century. As I concluded, “They were like ships passing in the night.”

Similarly, the major cultural and political shift away from big government and the regulatory state that I think we are now experiencing in the United States is not going to change our country overnight. These things take time. People who firmly believe it is a good idea to “gender affirm” confused little kids by cutting off their breasts or castrating them are not going to change their minds easily. People who believe in big government — especially those who benefit from it — are not going to meekly allow that big government and those benefits to vanish without a fight.

The left’s long march through the institutions
» Read more

12 comments

FAA approves revised launch rate for Boca Chica; schedules public meetings

10:42 am

The FAA today announced that it has issued a revised draft environmental assessment [pdf] of SpaceX’s operations at Boca Chica in which the agency approves the company’s request to increase its Starship/Superheavy launch rate from 5 to 25 launches per year.

This does not mean that SpaceX can now launch that many times in 2025. The draft still has to go through more red tape, including public meetings and a comment period, then reviewed again by the FAA. In this announcement the FAA rescheduled those public meetings, as follows:

  • Tuesday, January 7, 2025; 1:00 PM–3:00 PM & 5:30 PM–7:30 PM CDT at the Texas Southmost College, Jacob Brown Auditorium, 600 International Boulevard, Brownsville, TX 78520
  • Thursday, January 9, 2025; 1:00 PM–3:00 PM & 5:30 PM–7:30 PM CDT at the Port Isabel Event & Cultural Center, Queen Isabella Room, 309 E Railroad Avenue, Port Isabel, TX 78578
  • Virtually on Monday, January 13, 2025; 5:30 PM–7:30 PM CDT. Registration Link: https://us02web.zoom.us/webinar/register/WN_6f5su5mtTne_vBr8MqJOLA
    Dial-in phone number: 888-788-0099 (Toll Free),
    Webinar ID: 879 9253 6128, Passcode: 900729

I strongly suggest that local businesses and citizens in the Brownsville area organize to show up en masse at these meetings to express their approval of SpaceX, because I can guarantee that the fringe anti-Musk activists groups SaveRGV, Sierra Club, the Friends of Wildlife Corridor, and the fake Indian Carrizo/Comecrudo Nation of Texas (which never existed in Texas) are organizing to be there to demand SpaceX be shut down.

3 comments

Flights into Brownsville sold out prior to SpaceX’s sixth test flight of Starship/Superheavy

8:57 am

If anyone thinks the anti-Musk activists groups that have been using lawfare to try to shut down SpaceX’s Boca Chica facility have any local support, this story should put a quash on that. According to the airport director for the Brownsville-South Padre Island Airport, all flights sold out leading up to the sixth test flight of Starship/Superheavy.

Airport director Angel Ramos told Channel 5 News he’s noticed traffic increases whenever SpaceX does a flight test. “People are excited,” Ramos said. “They’re wearing SpaceX hats and SpaceX shirts [when they come] in to the airport.”

Ramos said flights were sold out between Sunday and Tuesday, and 700 people have been arriving daily at the airport since Sunday. “There is no launch that happens that we don’t see lots of people coming in and out of the airport, and now that they continue to be more frequent and more successful, people are paying more interest and actually coming days before,” Ramos said.

The story was reported by the local ABC television affiliate, and reflects the very positive impact SpaceX is having on the local community that is recognized quite clearly by everyone who lives there. The Brownsville area had been economically depressed for decades. Now the economy is booming, all because of SpaceX.

The public wants SpaceX there. The nay-sayers represent practically no one. That many local news organizations not only don’t report these facts when they cover the lawfare of these activists but instead often frame their stories as if the opposition is general throughout the region is shameful and an indication of the bankrupt nature of these press outlets.

0 comments

Part 2: The waking sleeping giant lurks not just in public places

11:05 am

The lion now is roaring, quite loudly
The lion now is roaring, quite loudly.
Photo by Travis Jervey.

In the first part yesterday of this three part essay, I described how Americans are no longer the disinterested public that we have seen for more than a half century. No longer is the left the only group with passion. Ordinary Americans are now paying attention, and appear aggressively unwilling to allow leftist bad policy and slanderous blacklisting go unchallenged. The public might not be partisan Republicans or conservatives, but it is nonetheless finally aware and outraged by the leftist agenda that has dominated government policy for the past decade, including policies that encouraged the mutilation and castration of children, allowed the queer agenda in schools, promoted anti-Semitism and bigotry throughout the workforce, and fueled an out-of-control federal government that only serves itself even as it squashes the freedoms of ordinary people.

In today’s second part, I wish to dig deeper, because the public’s willing outrage has already caused unexpected major attitude changes in places where such changes have been impossible for decades.

Let us begin with a somewhat complex court decision that I reported on last week. In this court decision, a two-judge panel went beyond the specifics of the lawsuit before it to rule instead on the basic legal authority of the White House Council on Environmental Quality (CEQ), concluding that its decades-long requirement that all government agencies obey its environmental recommendations in writing regulations was illegal, that CEQ simply did not have the statutory authority to do this.

As I said, the case itself is very complex. It is not even clear this ruling will stand up, since in the end the CEQ’s recommendations essentially reflect those of the President, whose authority to determine how the agencies under him create regulations based on Congressional law is legal and quite final.

The point however is not whether this decision will stand up. The point is that the judges were quite willing to rule on the legal authority of a government entity, and rule against its authority, essentially invalidating its power.
» Read more

14 comments

Judge rules that Ligado’s $39 billion lawsuit against federal government can proceed

9:32 am

A federal judge has now ruled that the $39 billion lawsuit by the satellite company Ligado against the federal government can move forward.

In October 2023, Ligado sued the government for $39 billion over claims that officials at the Departments of Defense and Commerce took “unlawful actions” to, in effect, improperly seize without compensation the firm’s L-band spectrum. In January, the government had asked a judge to dismiss the suit. Today Judge Edward J. Damich of the US Federal Claims Court ruled in part in favor of Ligado and in part for the government over aspects of the case, but ultimately said the case “may proceed.”

Essentially, after the FCC had awarded this spectrum to Ligado, the feds stepped in to take it away for its own use. The company argued that once it was given that spectrum to use for its satellites it was essentially its property, and that the seizure without due compensation was an illegal taking under the Fifth Amendment to the Constitution. This court decision allows this lawsuit to proceed.

The reason these federal agencies seized the spectrum this that they believe Ligado’s satellite constellation would interfere with GPS, something the FCC disputed in awarding the spectrum. Whether the company will win in court remains unclear.

2 comments

Part 1: The sleeping giant of the American public has finally awakened

1:20 pm

Rick, stating the truth in Casablanca
Have Americans finally awakened?

In my long life there have been a number of times post-election when pundits nationwide have claimed that the results signaled a major cultural transition. This claim was made in 1980 when Ronald Reagan was elected president. It was made again in 1994 when voters gave the Republicans their first majority in the House of Representatives in about four decades. A similar claim was made in 2016, when Trump was elected for the first time.

In every single one of these cases the claim was false. There was no major cultural transition. Republicans might have won control, but the American public and its political class still largely leaned leftward. There was almost no change politically. Despite for example Bill Clinton’s announcement that “The era of big government is over” after the 1994 election, the federal government continued to grow in size and power, and to do so with ever increasing speed.

Even more significant, in every single case, the American people went back to sleep after the election. They considered the election their statement of what must be done, and assumed naively that the new elected officials would obey that statement. No matter how much conservatives attempted to make the public aware that the government remained out of control and was further beginning to institute leftist policies far outside what anyone in America wanted, those attempts fell on deaf ears.

The American people were essentially not interested. The only political movement that moved with any passion was that of the left, and it took advantage of this passion to successfully to get its policies imposed.

It seems however that the 2024 election signals a real cultural transition, far deeper and more significant than the mere shift of voting patterns to the right that most pundits are noting by all demographic groups.

No, what is happening is a shift in passion. The American public has awakened in a way I have never seen. I give you this news report as a clear sign, as the events it describes occurred last week, after the November election, when Americans in the past would gone back into slumber and stop paying attention. Watch and be amazed, not just by the outrage by hundreds of ordinary citizens, but by the fact that this outrage was reported correctly and sympathetically by a television news report.
» Read more

23 comments

Oh no! Starship/Superheavy is loud!

9:21 am

Superheavy after its flight safely captured at Boca Chica
Superheavy after its October flight, safely captured at Boca Chica

Time for another Chicken Little report: A new study of the sound levels produced by SpaceX’s Superheavy booster during its fifth launch and landing at Boca Chica in October 2024 suggests that it produces more noise than predicted.

Overall … Gee et al. note that one of the most important conclusions from their data is the differences between Starship’s launch noise levels and those of SLS and Falcon 9. The team found that Starship produces significantly more noise at liftoff than both SLS and Falcon 9 in both A-weighted and Z-weighted (unweighted) noise metrics.

When compared to Falcon 9, the noise produced by a single Starship launch is equivalent to, at a minimum, 10 Falcon 9 launches. Despite SLS producing more than half of Starship’s overall thrust at liftoff, Starship is substantially louder than SLS. More specifically, one Starship launch is equivalent to that of four to six SLS launches regarding noise production. As has been hypothesized by numerous other studies into the noise produced by rockets, this significant difference in noise levels may be due to the configuration of first-stage engines on the rockets. For example, although the Saturn V produced less overall thrust than SLS, it produced two decibels more noise than SLS, which may be due to the clustered engine configuration on Saturn V’s first stage.

We’re all gonna die! Despite the doom-mongering of this study (which you can read here), the only issue noted by the paper from this noise was car alarms going off. And even here, the spread of the noise was asymmetrical, occurring in only one direction.

The concern about sonic booms has always been the annoyance they cause to residents near airports. In the case of Superheavy, it is very unlikely it will ever fly at a frequency to make its noise intolerable. More important, the nature of a spaceport versus an airport reduces the concern considerably, since a spaceport requires a much larger buffer area, and at both of SpaceX’s Starship launchsites in Florida and Texas almost everyone living close by works for the company or in the space business. They are not going to complain.

And while studying these noise issues is useful, we must not be naive about the real purpose of such studies. Underneath its high-minded science goals is a much more insidious one: finding a weapon for shutting down SpaceX. This concern of mine might be overstated, but remember, almost our entire academic community is rabidly leftist and made up of partisan Democrats. They hate Musk for his politics, and have been aggressively looking for ways to hurt him. This sound study is just another tool in that war.

9 comments

NASA’s annual audit is not only not as great as NASA claims, it illustrates how the poison of DEI permeates the agency

3:43 pm

Not all is well at NASA
Not everything is as great as NASA claims

Yesterday NASA issued a press release proudly announcing that its annual independent audit of NASA’s finances concluded “for the 14th consecutive year … an unmodified, or ‘clean,’ opinion [of] its fiscal year 2024 financial statements.”

The rating is the best possible audit opinion, certifying that NASA’s financial statements conform with Generally Accepted Accounting Principles for federal agencies and accurately present the agency’s financial position. The audit opinion reaffirms the agency’s commitment to transparency in the use of American taxpayers’ dollars.

In reading the actual financial statements and auditor’s report (available here [pdf]), I found however that all is not “clean”, as NASA claims. Two issues of concern — one financial and the other political — are well buried in the report and should be quickly dealt with by the upcoming Trump administration.

Sloppy bookkeeping

First, the independent auditor, Ernst & Young, found that NASA’s internal control system designed to track spending was not quite up to par. From pages 90-91 of the report:
» Read more

10 comments

SpaceX scraps its land swap offer to Texas

10:11 am

SpaceX has decided to scrap its land swap offer to Texas, whereby the company would have given the state 477 acres of wildlife land it owns elsewhere in exchange for ownership of 43 acres of state park land adjacent to its Boca Chica facility.

In a Sept. 26 letter seen by Bloomberg News, SpaceX Vice President Sheila McCorkle told the Texas Parks and Wildlife Department that the company “is no longer interested in pursuing the specific arrangement.”

In exchange for SpaceX getting the 43 acres, the company would have given the state some 477 acres of its land near Laguna Atascosa National Wildlife Refuge, around 10 miles away. The land could have given Texans access for hiking, camping and other recreational purposes, the Texas Parks and Wildlife Commission said. In March, the commission approved the deal.

Environmental activists worry their fight’s not over with SpaceX and Musk, who has achieved newfound political power through his close ties to President-elect Donald Trump. “We’re concerned that he has something bigger and more disruptive to the beach and to the wildlife in mind,” Bekah Hinojosa, a representative from the South Texas Environmental Justice Network, an advocacy group, said in an interview. [emphasis mine]

The blind opposition of these leftist activists to Musk and anything he does has merely caused them to cut off their nose to spite their face. SpaceX’s proposal would have given the public a much larger wildlife area that was also far enough away from Boca Chica to allow its use all the time. Now the state is stuck with 43 acres of state park land that is going to be useless whenever Starship/Superheavy launches.

The lawsuits against this swap claimed it violated the Texas constitution. My guess is that SpaceX decided it wasn’t worth fighting this battle. Or maybe it is now playing hardball in negotiations. These activists do not have the support of the local community, which wants SpaceX’s operations to be successful. By scrapping the plan now SpaceX might be acting to force the Texas legislature to change the law to make the land swap legally acceptable.

1 comment

SpaceX and Amazon take their lawsuits against the NLRB to a higher court

9:58 am

NLRB logo

Both SpaceX and Amazon have now brought their lawsuits questioning the very constitutionality of the National Labor Relations Boards (NLRB) enforcement structure to the Fifth Circuit of the U.S. Court of Appeals.

The two companies—founded by the world’s two richest men—will each square off against the [NLRB] that protects workers’ unionizing rights during separate oral argument sessions at the US Court of Appeals for the Fifth Circuit on Nov. 18.

The Fifth Circuit has played a central role in the intensifying constitutional attacks on the NLRB. District courts in Texas, one of three states covered by the Fifth Circuit, have granted the only preliminary injunctions to block agency proceedings based on constitutional arguments.

A lower court judge has already ruled in favor of SpaceX’s lawsuit [pdf], stating that “Under binding precedent, this Court is satisfied that SpaceX has demonstrated a substantial likelihood of success on its claims that Congress has impermissibly protected both the NLRB Members and the NLRB ALJs [administrative law judges] from the President’s Article II power of removal.”

The arguments by both Amazon and SpaceX were greatly strengthened by the Supreme Court’s decision in June 2024, ruling that the SEC’s use of administrative law judges is unconstitutional. Much of that ruling’s logic applies directly to this NLRB case.

1 comment

FAA forming new committee to revise its launch licensing regulations

9:14 am

The timing is interesting: The FAA yesterday announced that it wishes to form a committee of “members of the commercial space industry and academia” to revise its Part 450 launch license regulations that were introduced in 2021 supposedly to streamline the process but have instead served to squelch innovation and new rocket startups significantly.

“The FAA is seeking to update the licensing rule to foster more clarity, flexibility, efficiency, and innovation,” said FAA Associate Administrator for Commercial Space Transportation Kelvin B. Coleman. “Making timely licensing determinations without compromising public safety is a top priority.”

The Part 450 rule was developed to streamline the regulations, reduce the number of times an operator would need to come to the FAA for a license approval and decrease the need for the FAA to process waivers, among other goals.

The committee will consist of members of the commercial space industry and academia and will focus on nine topics, including flight safety analyses, system safety, and means of compliance. It is expected to submit a report with recommended changes to Part 450 rule by late summer 2025. The FAA would then use the recommendations to plan future rulemaking actions. [emphasis mine]

The highlighted words are a lie. While established rockets might have benefited — allowing more launches, Part 450 has practically squelched new development because it forces companies to undergo lengthy reviews every time they attempt to introduce any new technology or redesign to their rockets. SpaceX’s experience with Starship/Superheavy is only the tip of the iceberg, because the company is big enough that it has been able to survive these reviews and push on. Almost all of the new rocket startups that were on the verge of launching in 2020, before Part 450 went into effect, have either delayed launches for years or gone bankrupt.

The FAA hopes to conduct the first meeting of this new committee by the first week in December. It apparently realizes that the Trump administration is going to demand a major change in Part 450 (possibly a complete repeal), and the agency wishes to get ahead of this to maybe fix things.

1 comment

NASA begins search for new headquarters building

9:01 am

NASA yesterday announced that — because its present lease expires in August 2028 — it is seeking proposals for a new headquarters building in the Washington, DC region.

NASA is asking for responses from members of the development community, local and state jurisdictions, academia, other federal agencies, commercial aerospace partners, and other interested parties to help inform its decision.

Needs for a new headquarters includes approximately 375,000 to 525,000 square feet of office space to house NASA’s workforce. The desired location is within walking distance to a Washington Metropolitan Area Transit Authority station. In addition, the new location also needs parking options, as well as convenient access to food establishments.

It seems to me that this is an ideal opportunity to reduce the size of NASA’s management structure. Since the agency has largely accepted the idea of capitalism in space, whereby it builds almost nothing but instead gets what it needs in the private sector, much of its large overhead and staffing that presently exists and was created when NASA attempted to do it all is now unneeded and is actually redundant. Rather than replace and expand NASA’s present headquarters, which appears to be the agency’s goal, the Trump administration should shrink its size, significantly.

Not only would the taxpayer save money, NASA would be further forced to use the private sector for its needs, thus fueling the growth of that aerospace industry. And for those laid off, they will likely have no trouble getting jobs in this new energized private sector.

All in all, such a reduction would be a win-win, for everyone.

9 comments
1 … 30 31 32 33 34 … 239