Judge strikes down as illegal Obama fracking regulations

The law is such an inconvenient thing: With strong language a federal judge has bluntly struck down the Obama administrations attempt to regulate the fracking industry.

Judge Scott Skavdahl of the District Court of Wyoming already had put a hold on the regulations last year, and in a decision released late Tuesday, he ruled that Congress did not give Interior the power to regulate hydraulic fracturing, indeed it had expressly withheld that power with some narrow exceptions. “Congress has not delegated to the Department of Interior the authority to regulate hydraulic fracturing,” Judge Skavdahl wrote in deciding a lawsuit brought by industry groups and a number of Western states. The “effort to do so through the Fracking Rule is in excess of its statutory authority and contrary to law.”

The judge dismissed particularly the claim by the Interior Department and its Bureau of Land Management that it had inherent broad regulatory authority to pursue the public good on federal and Indian lands, the only place the regulations would have applied. “Congress‘ inability or unwillingness to pass a law desired by the executive branch does not default authority to the executive branch to act independently, regardless of whether hydraulic fracturing is good or bad for the environment or the citizens of the United States,” wrote Judge Skavdahl, whom Mr. Obama appointed to the bench in 2011. [emphasis mine]

That a judge whom Obama appointed, who thus is almost certainly a Democrat, was willing to put aside his partisan loyalties to rule so forcefully against the Obama administration gives me great hope. In recent years Democratic judges have almost ceased ruling based on law and have instead been guided almost exclusively by their political leanings. This judge’s ruling here suggests that there remain some principled judges, even on the left.

Posted from fascist Los Angeles, a place where they make you pay $19 for a five minute two mile taxi ride.

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Florida demands $15K port fee from SpaceX

Nice first stage you got there, be a shame if something happened to it: The Florida port where SpaceX has been offloading its recovered first stages from its barge has announced that it wants to charge the company $15,000 each time.

“We view their cargo passing over our dock just like any other cargo passing our dock,” Port Canaveral Chief Executive Officer John Murray said. “We’re not looking at this as an adversarial relationship. It’s no different than anything else coming across the dock. You have to pay for use of port facilities. That’s how a port makes its money.”

“The proposed wharfage fee is 14 times higher than what any other business is being charged for using port facilities,” SpaceX spokesman John Taylor said in an email to FLORIDA TODAY. “Port Canaveral is an important partner in our recovery operations. But we expect fees to be fair and reflect our actual use of the port. We’re looking forward to participating in the meeting later this week.”

The port notes that the size and the weight of the first stages cause significant wear and tear to the port, and thus should pay more. They have a point, but this still looks like they have noticed they have a customer with deep pockets that they now are trying to pick.

Posted from Linthicum, Maryland.

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Stratolaunch three quarters complete

The competition heats up: Vulcan Aerospace now says that construction of its Stratolaunch airplane, the largest ever to fly, will be completed by the end of this year.

Assembly of the plane is 76 percent complete, with the engines, landing gear and one tail section still to be installed. The plane is expected to be finished before the end of the year. Commercial services are expected to begin before 2020.

They still have not determined the second stage rocket they will use with this mother ship to launch satellites, which leaves me increasingly skeptical about their future. It is very late in the game to still not know this detail.

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Backgrounder on June 23 UK vote on EU membership

Link here. The videos at the link are especially informative.

Polls have recently shifted strongly in favor of leaving the union, but that is not a certain result. If it happens, however, I will consider that decision by the public to be another example of a growing revolt by the general public against the intellectual elites who presently rule western society, since most of these elites appear to favor keeping the United Kingdom in the European Union.

Posted from Washington, D.C.

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New Shepard successfully completes fourth flight

The competition heats up: Blue Origin today completed the fourth test flight of its New Shepard suborbital spacecraft, successfully landing intact its capsule with only two parachutes.

That’s four flights in about seven months, which for a test program seems a reasonable pace. I would expect them to soon begin testing faster turnaround times for the spacecraft, just to see if they can launch and repeat more quickly.

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Russia negotiating with Australian investors to buy SeaLaunch

The competition heats up: Roscosmos revealed today that Russia is negotiating with investors in Australia to buy SeaLaunch.

I’m not sure how seriously we can take this announcement. The sale still has a lot of problems for any investors. Boeing is owed a lot of money by the SeaLaunch partners, specifically Russia, and the SeaLaunch floating launchpad is docked in the U.S. where they can hold it as collateral

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GOP congressman defeated in primary because of Obamatrade support

The revolt continues: Republican incumbent Congressman Randy Forbes (R-Virginia) was defeated in Tuesday Virginia Republican primary, despite being supported by the party establishment and outspending his opponent, Scott Taylor, 10-1.

Forbes, who started his pivot from the 4th District to the 2nd with an incumbent’s healthy campaign fund, spent more than $1.3 million in the primary compared with the little more than $142,000 that Taylor reported spending as of late May.

Taylor, a former Navy SEAL, ran against much of Virginia Beach’s GOP establishment, with several local elected officials as well as departing U.S. Rep. Scott Rigell endorsing Forbes’ candidacy. Rigell rented Forbes his former headquarters on First Colonial Road and sold him his email lists of supporters.

Redistricting was certainly a factor in the incumbent’s defeat but this article points out something that the newspaper article above as well as all other mainstream articles I’ve read fail to note: Incumbent Forbes had voted to make it almost impossible for Congress to challenge or amend Obama’s the Trans-Pacific Partnership deal, also called Obamatrade.

Taylor blasted Forbes for voting to give President Obama fast track authority to ram through Congress the Trans-Pacific Partnership, a sweeping 12-nation international regulatory pact that would merge our economy with some of the poorest and most repressive on earth. This move was especially hypocritical for Forbes, chairman of the House Prayer Caucus. Obamatrade would give special economic privileges to countries that persecute Christians, including Vietnam, Malaysia and the Shariah-law regime of Brunei.

After his disastrous vote for fast track, Forbes tried to tap dance around the Constitution-shredding, religious-liberty-trampling Obamatrade agreement. In a letter to constituents, Forbes recycled the party establishment’s globalist talking points, saying free trade is “crucial to our economy” and to “our future as a country.” Then Forbes said he would support Obamatrade if it were amended, glossing over the fact that his vote for fast track surrendered Congress’ power to amend the agreement. [emphasis mine]

In other words, Forbes had been part of the Republican establishment that has consistently refused to fight any of the Democratic agenda, instead focusing on putting on a show of failure theater, where they act like they are fighting Obama while allowing his legislative goals to pass. The voters saw through this, and kicked him out.

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Exploring Space in the 21st Century

For the past two months I have been very focused on writing what I hope will be a somewhat influential space policy paper for the Center for New American Security, comparing the different approaches the federal government has taken in the past fifteen years toward encouraging a robust launch industry in the United States. Essentially the policy paper, Exploring Space in the 21st Century: How the American space effort since 2000, both private and public, is changing the global aerospace industry, compares the big government rocket launch programs like Orion/SLS and the Air Force’s EELV/ULA with the commercial rocket launch contracts that NASA has signed with companies like SpaceX, Orbital ATK, Boeing, and Sierra Nevada to get cargo and crews up and down from ISS.

The comparison is profound, and is devastating to the supporters of big government programs. Commercial space has literally accomplished ten times more in a third the time for a tenth the cost.

That bears repeating: Commercial space ($4 billion) cost one tenth that of Orion/SLS ($43 billion), took one third the time to go from concept to launch (5 years versus 15 years), and accomplished ten times more (22 rockets/capsules versus 2.5 rockets/capsules). In analyzing these numbers, I also took a close look at why the differences are so profound. Surprisingly, the high cost of Orion/SLS has little to do with its engineering challenges, nor is it caused by any significant overcharges by the contractors. The problem is more fundamental.

The paper also reviews the effect the competition introduced by SpaceX has had on the entire launch industry. Launch costs are dropping and innovation is increasing. This, combined with the lessons learned by NASA in commercial space, suggests that the future of getting into space looks quite bright indeed.

This policy paper should be ready for publication sometime in the next two months. On Monday, however, I will be part of a space policy panel at the Center for New American Security’s annual conference in Washington, DC., where I will give a short overview of my findings to a lot of major players in the upper echelons of the Washington elite community. Their response should be quite interesting.

Thus, I will be traveling to DC this weekend, and am not sure if I will be able to post much on Monday, since I very much wish to attend the entire day’s conference and listen to the other speakers, including Vice President Joe Biden. It is my plan to write about what I see once I get back.

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Orbital ATK delays Antares launch until August

In the heat of competition: The review of Orbital ATK’s May 31st static fire test of its Antares rocket has caused the company to delay the upgraded rocket’s first launch until August.

Additional information pointed to data on “vibrations” during the Static Fire test that could be deemed as a problem for the vehicle’s avionics. A “fix” was already understood to have been approved.

Orbital ATK, while admitting the launch is slipping from its early July launch date estimate to a date likely to be in the August timeframe, pointed to trajectory evaluations as a specific relation to the launch date deliberations. “Final trajectory shaping work is also currently underway, which is likely to result in an updated launch schedule in the August timeframe,” added Orbital ATK.

They expect to make a decision on launch date in a few weeks.

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Another successful Falcon 9 launch

The competition heats up: SpaceX has successfully put two commecial satellites in orbit. The first stage hit the barge, but the landing was unsuccessful. More details to come.

The full video of the entire launch is embedded below the fold. One interesting part includes a view from inside the first stage looking back at the second stage at separate, followed with images from the first stage on its way back to Earth..

» Read more

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