Tag: California Coastal Commission

Judge narrows SpaceX lawsuit against California Coastal Commission

9:16 am

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.

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Judge rules that SpaceX’s lawsuit against the California Coastal Commission can go forward

11:22 am

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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Republican California state legislator introduces bill to overturn California Coastal Commission’s effort to block SpaceX

9:46 am

Wants to be a dictator
Wants to be a dictator

Republican state assemblyman Bill Essayli has now introduced a bill that would overturn the decision by the California Coastal Commission to reject SpaceX’s request to increase its launch rate at Vandenberg spaceport, a decision the commissioners readily and publicly stated was made not to protect the state’s beaches (the commission’s prime function) but because they did not like Musk’s political positions.

“AB 10 will reverse the politically-motivated decision by the California Coastal Commission to restrict SpaceX launches for the Space Force due to their hatred of Elon Musk. This dangerous and illegal decision threatens our national security and erodes the public trust we place in our officials to act in the best interest of the people — not politics,” Essayli said in a statement this week.

SpaceX has already sued the commission and its commissioners for violating Musk’s first amendment rights as well as exceeding their statutory authority.

The bottom line however is that the commission’s decision carries no legal weight. Vandenberg is an federally operated military base, and thus this state commission has no authority to dictate what happens there. The Space Force has simply tried to work with it in the past.

Thus, if the commission’s fangs are not pulled by Essayli’s legislation as well as SpaceX’s lawsuit, the military will likely just ignore it.

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SpaceX sues California Coastal Commission

9:30 am

Wants to be a dictator
Wants to be a dictator

As promised by Elon Musk, SpaceX has now filed suit against California Coastal Commission, and its commissioners, accusing it of violating Musk’s first amendment rights and using its regulatory power against the company simply because those commissioners disagree with Musk’s political positions.

You can read SpaceX’s lawsuit filing here [pdf]. From its introduction:

[The Commission has engaged in naked political discrimination against Plaintiff Space Exploration Technologies Corp. (SpaceX) in violation of the rights of free speech and due process enshrined in the First and Fourteenth Amendments of the United States Constitution. Rarely has a government agency made so clear that it was exceeding its authorized mandate to punish a company for the political views and statements of its largest shareholder and CEO. Second, the Commission is trying to unlawfully regulate space launch programs—which are critical to national security and other national policy objectives—at Vandenberg Space Force Base (the Base), a federal enclave and the world’s second busiest spaceport.

The lawsuit stems from the comments made by the commissioners when then voted against the military’s plan to allow SpaceX to increase its launch rate at Vandenberg spaceport to up to 50 launches per year. In those comments, the commissioners made it clear that the main reason they were voting against the motion was because they were offended by Elon Musk and his political positions, not because the company was doing anything wrong. In fact, the commissioners knew SpaceX was doing nothing wrong. As noted at the first link above:
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Musk says SpaceX will sue California Coastal Commission

8:42 am

In a tweet on X on October 12, 2024, Elon Musk said that SpaceX will sue the California Coastal Commission for violating his first amendment rights as soon the court opens tomorrow.

“Filing suit against them on Monday for violating the First Amendment,” he wrote, adding: “Tuesday, since court is closed on Monday.”

At least two commissioners had made it very clear in public statements at a hearing last week that they were voting against a Space Force request that would increase the number of launches at Vandenberg because they opposed Elon Musk’s political positions, not because the request would do any harm to the coast. The commission then rejected the request 6-4, with others claiming that SpaceX should have made the request directly rather than have the Space Force do it.

The vote remains non-binding, as the Space Force has the legal power to do whatever it wants at Vandenberg, and only works with the commission as a courtesy.

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California officials: SpaceX shouldn’t be allowed to launch from Vandenberg because we hate Elon Musk

10:11 am

In voting yesterday to reject a plan by the military to increase the number of launches at Vandenberg Space Force Base in California, members of the California Coastal Commission admitted openly they did so because they do not like Elon Musk and his publicly stated political preferences.

The California Coastal Commission on Thursday rejected the Air Force’s plan to give SpaceX permission to launch up to 50 rockets a year from Vandenberg Air Force Base in Santa Barbara County.

“Elon Musk is hopping about the country, spewing and tweeting political falsehoods and attacking FEMA while claiming his desire to help the hurricane victims with free Starlink access to the internet,” Commissioner Gretchen Newsom said at the meeting in San Diego.

…“I really appreciate the work of the Space Force,” said Commission Chair Caryl Hart. “But here we’re dealing with a company, the head of which has aggressively injected himself into the presidential race and he’s managed a company in a way that was just described by Commissioner Newsom that I find to be very disturbing.”

It must be noted that this vote is not legally binding on the military. Though it has always tried to work in cooperation with this commission, it has the right to decide for itself how many launches it wants to allow out of Vandenberg. Whether it will defy the commission however is uncertain, and likely depends entirely on who wins the presidential election. If Harris wins, she will likely order the Space Force to not only obey the commission but to further limit launches by SpaceX at Vandenberg. If Trump wins, he will likely tell the Space Force to go ahead and expand operations, ignoring the immoral political machinations of these commissioners.

And it must be emphasized how immoral and improper these commissioners are. Their task is to regulate the use of the California coast in order to protect it for all future users, from beach-goers to rocket companies. It is not their right to block the coast’s use to certain individuals simply because those individuals have expressed political views they oppose. Not only does this violate Musk’s first amendment rights, it is an outright abuse of power.

If anyone in California reading this article wishes to tell these commissioners what they think of their actions yesterday, you can find their contact information here.

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LA Times: Can California’s coastal commission stop SpaceX launches from Vandenberg?

9:48 am

Link here. This article is a follow-up on the story I posted yesterday, about a meeting of the California Coastal Commission where locals demanded and the commission considered measures for attempting to limit an increase in launches from Vandenberg.

The article provides many more details about this political battle. It appears the military, out of courtesy, was letting the commission know that it wants to raise the number of launches to accomodate not just SpaceX but other private companies. It can do so without the commission’s permission, but wishes to work with it.

The commission and the ten or so people at the meeting complaining were exploring ways to block this increase. Though the meeting postponed any action until the next meeting in May, it was clear its commissioners will use the next few months to explore ways to expand their control, including looking for funding sources for initiating court actions.

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