Supreme Court to SEC: Use of in-house administrative law judges unconstitutional

SEC: no longer above the law
SEC: no longer above the law

The Supreme Court today ruled 6-3 that the SEC has violated the Constitution with its use of in-house administrative law judges to rule on its various securities fraud cases.

The agency, like other regulators, brings some enforcement actions in internal tribunals rather than in federal courts. The S.E.C.’s practice, Chief Justice John G. Roberts Jr. wrote for a six-justice majority in a decision divided along ideological lines, violated the right to a jury trial. “A defendant facing a fraud suit has the right to be tried by a jury of his peers before a neutral adjudicator,” the chief justice wrote.

This ruling against the use of administrative law judges has a direct bearing on SpaceX’s own lawsuit [pdf] against the National Labor Relations Board (NLRB). In January the NLRB filed a complaint against SpaceX, accusing it of firing eight employees illegally for writing a public letter criticizing the company in 2022. Rather than fight that complaint directly, SpaceX’s response was to file a lawsuit challenging the very legal structure of the NLRB itself, including its use of administrative law judges.
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SpaceX now valued at $210 billion

As part of another sale of insider shares to raise more private investment capital, SpaceX has now been valued at $210 billion.

SpaceX will sell shares at $112 each in the tender offer, the Bloomberg report said, with the newer sales valuing the company much higher than a $180 billion valuation seen during a tender offer in December.

The report does not say how many shares SpaceX hopes to sell, or how much total new capital it hopes to obtain. Previous such sales have raised a total of $12 billion, money the company is using to develop both its Starlink constellation and its Starship/Superheavy rocket.

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Collins officially backs out of contracts to build spacesuits for NASA

According to an announcement today from NASA, Collins Aerospace has now officially backed out of its NASA contracts to build a new spacesuit for both space station and lunar operations in the agency’s Artemis program.

In 2022 and 2023, NASA awarded Collins Aerospace two task orders under the agency’s xEVAS (Exploration Extravehicular Activity Services) contract. The first task order was to deliver a next generation spacesuit and spacewalking system for potential use on the International Space Station with a base value of $97.2 million. The second task order was to advance additional spacesuit capabilities with a base value of $5 million.

After a thorough evaluation, NASA and Collins Aerospace have mutually agreed to descope the existing task orders on the Collins Exploration Extravehicular Activity Services contract. This descope includes ending the International Space Station suit demonstration, which was targeted for 2026. No further work will be performed on the task orders. This action was agreed upon after Collins recognized its development timeline would not support the space station’s schedule and NASA’s mission objectives.

NASA still has a second and similar spacesuit deal with Axiom, which appears to be moving forward as planned. Whether the agency will consider new offers from other companies to replace Collins is not known at this time. It is instead possible NASA will reserve this $102.2 million to use to help Axiom if it runs into problems.

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NASA awards SpaceX $843 million contract to de-orbit ISS

NASA today announced that it has awarded SpaceX a $843 million contract to build a de-orbit spacecraft that can dock to ISS and fire its thrusters so that the station will be safely de-orbited when it is retired in 2030, burning up over the ocean.

While the company will develop the deorbit spacecraft, NASA will take ownership after development and operate it throughout its mission. Along with the space station, it is expected to destructively breakup as part of the re-entry process.

The announcement provided no other details. It is not clear whether the thrusters on a Dragon capsule would be sufficient for this task. Most likely not, which means SpaceX will have to develop something else to do the job. Maybe its bid proposed using a Starship for the task.

It is also not clear whether any modules on ISS will be salvaged for other uses before de-orbit. The modules that the commercial company Axiom plans to attach to ISS in the next year or so are supposed to undock to form its own independent space station sometime later this decade. Will Russia’s modules do the same? And will any other modules?

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Firefly signs deal to launch its Alpha rocket from Esrange spaceport in Sweden

Proposed spaceports surrounding Norwegian Sea
Proposed spaceports surrounding Norwegian Sea

Firefly has now signed a deal to launch its Alpha rocket in 2026 from the Esrange spaceport in Sweden, becoming that spaceport’s second orbital customer.

Esrange is not really a new spaceport. It was originally built in the 1960s and was used for decades for suborbital test launches, much like Wallops Island in the U.S. In January 2023 it upgraded one launchpad to allow commercial orbital launches, and in May 2024, signed a launch deal with a new rocket startup from South Korea named Perigee.

This new contract with Firefly is a bigger deal, because Firefly has already launched several times, and is more established.

These developments indicate as well the cost of red tape in the United Kingdom. The map to the right shows the spaceports competing for business in Europe. The two UK spaceports (Saxaford and Sutherland) began construction years before Esrange decided to upgrade, but both are now losing business to Sweden because regulatory delays at the Civil Aviation Authority in the UK has delayed all launches there for years.

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ULA replaces Sierra’s mini-shuttle with dummy payload to launch Vulcan in September

Because of continuing delays in preparing Sierra Space’s Tenacity Dream Chaser mini-shuttle for launch, ULA has been forced to remove it from the second launch of Vulcan in order to proceed with the launch in September as planned.

ULA needs to launch Vulcan for the second time and as soon as possible in order to get approval from the Pentagon to do military launches. The delays in getting Tenacity ready for launch has already impacted that schedule, as ULA had originally hoped to launch Vulcan on its second flight — with Tenacity as the payload — several months ago. Further delays beyond September would seriously damage not only ULA’s bottom line, but the military’s own needs. It is all for these reasons that ULA has now set up a new review team to force this schedule forward, likely under pressure from the Pentagon.

Sierra Space meanwhile says that Tenacity is still on track to be ready to launch before the end of the year, but it is unclear what rocket will carry it. ULA will likely offer another Vulcan rocket for the purpose, but to do so it will probably have to delay some other payload, and it is certain it will not do that to any upcoming military launches. Based on the announced launch schedule, it does not look like this launch can occur on a ULA rocket in 2024. ULA says it hopes to launch at least 20 times in 2025, so one of those launches will likely carry Tenacity.

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SpaceX launches 23 Starlink satellites, using a first stage for the 22nd time

SpaceX early this morning launched another 23 Starlink satellites, its Falcon 9 rocket lifting off from Cape Canaveral and using a first stage on its record-setting 22nd flight.

That stage successfully landed on a drone ship in the Atlantic. The flight was so routinely boring for the launch crew that the flight director felt no need to even bother having anyone do a T-10 second countdown at launch.

The leaders in the 2024 launch race:

68 SpaceX
28 China
8 Russia
8 Rocket Lab

American private enterprise now leads the world combined in successful launches, 79 to 42, while SpaceX by itself still leads the entire world, including other American companies, 68 to 53.

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Arianespace calls for Europe to require all European space payloads use European rockets

Arianespace, whose many-decade-long European launch monopoly is presently threatened by a wave of new rocket startups and an effort by European governments to created a competitive launch industry of many companies, has now urged Europe to require that all European space payloads use European rockets.

Arianespace head of public affairs Charlotte Lang has advocated for legislation that would require European missions to be launched aboard European rockets. Lang made the comments during the “Ensuring Long Term Autonomous Access to Space for Europe” panel on the first day of The European Space Forum conference. “The EU should enforce the principle of European launcher preference,” said Lang.

In a follow-up statement, Arianespace reiterated “the need for the EU to legislate that European missions are launched from European territory using launchers and technology manufactured in Europe by European providers.” The company identified the European Union’s planned IRIS² constellation as the “perfect opportunity to advance this initiative.”

Arianespace is like Blue Origin. It can’t get its rockets built and flying at a competitive price, so instead it advocates lawfare to limit competition in order to give it a favored position when it bids on future launch contracts.

In the case of Europe, I think this Arianespace effort will generally fall on deaf ears. The trend among numerous European governments (Germany, France, Italy) is to encourage new rocket companies to compete with Arianespace, in order to create options. These governments will of course wish to favor these new European rocket companies with any contract awards, but they will also not want to tie their hands with the kind of legislation Arianespace proposes. They all discovered in the past two years what could happen if they do that, when Arianespace failed to get Ariane-6 launched on time, and Europe ended up with no launch capabilities. During that time period they still had the option to use other non-European options (such as SpaceX). Having that flexibility in the future makes great sense.

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Blue Origin to FAA: Limit future SpaceX Starship launches at Cape Canaveral

Blue Origin has once again decided to use lawfare against SpaceX rather than actually build rockets that are competitive. As part of the process by the FAA to do a new Environmental Impact Statement on SpaceX’s plans for Starship/Superheavy launches at Cape Canaveral, Blue Origin last week submitted its own comment asking the FAA to cap the launches of its competitor, citing environment concerns.

The company recommends the following mitigation method for SpaceX’s Starship launches, prior to the company being issued a Vehicle Operator License:

“Capping the rate of Ss-SH launch, landing, and other operations, including but not limited to test firings, transport operations, and fueling, to a number that has a minimal impact on the local environment, locally operating personnel, and the local community, in consideration of all risks and impacts, including but not limited to anomaly risks, air toxin and hazardous materials dispersion, road closures, and heat and noise generation.”

Along with requesting a max number of Starship launches at the site, Blue Origin argues that the government increase launch infrastructure that opens other launchpads to nearby lessees when roads are forced to be closed for SpaceX launches. The filing also notes that SpaceX has already received environmental testing at its Starbase site in Boca Chica, Texas.

You can read Blue Origin’s full comment here [pdf]. Essentially, Blue Origin is attempting to use this new impact statement to have the federal government damage or destroy its competition.

Musk’s response was a two word tweet: “Sue Origin.”

It is very clear that Jeff Bezos’s company is poorly focused. In the last decade it has built almost nothing, while spending a lot of time filing lawsuits against its competition. This action is simply another example.

Worse, Blue Origin’s comment will provide ammunition for the continuing Biden administration lawfare against Musk and SpaceX, making it difficult for the FAA to approve the impact statement as requested by SpaceX. If so, the development and operational use of Starship/Superheavy will be seriously threatened.

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Collins reportedly in the process of canceling its NASA spacesuit contract

As if NASA didn’t have enough spacesuit problems, with a ISS spacewalk this week canceled because one of the NASA-built suits on the station began leaking water again, Collins Aerospace, one of the two companies that won contracts to build new spacesuits, is now in negotiations to end that contract.

But Collins’ role in the program has been bumpy and development has fallen behind schedule, and the company has been in talks with NASA officials on how to wind down its role in the program, the two people said. “After a thorough evaluation, Collins Aerospace and NASA mutually agreed to descope Exploration Extravehicular Activity Services (xEVAS) task orders,” a Collins spokeswoman said in a statement, referring to the spacesuit contract.

If this story is confirmed, it means at present only Axiom is building new spacesuits that can either be used on ISS or on future Artemis missions to the Moon and Gateway. Whether NASA will put out the Collins contract for bid again is unknown. In its original cargo capsule contracts early in the 2010s, one company failed to raise sufficient funds to build its capsule, so NASA cancelled it and awarded Orbital Sciences and its Antares rocket and Cygnus capsule the deal.

If the contract is put out for new bidding, SpaceX would be in a very strong position to win, as its own internally financed spacewalk spacesuits are about to get their first flight test on Jared Isaacman’s Polaris Dawn mission on the Resilience Dragon capsule later this summer.

The failure of Collins here is disturbing, and might be an indicator of an overall loss in American engineering capabilities. Once a challenge like this would have posed no problem for any American aerospace company. Now such tasks are increasingly difficult and unachievable.

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French rocket startup wins $16 million grant from French government

The French rocket startup Latitude has been awarded a $16 million grant from French government for development work on its proposed two-stage Zephyr orbital rocket, which is targeting 2025 for its first test launch.

Nor is this grant the only money the company has raised.

In January, Latitude announced that it had closed its Series B funding round, raising $30 million. In March, the company was one of four companies selected to receive a share of €400 million [$427 million] in subsidies from the French government. This funding is, however, only fully unlocked when the company completes its inaugural flight of Zephyr.

Though Latitude has obtained some private investment capital, it appears it is mostly relying on government funds. Under these conditions, it is unclear whether the rocket startup will be able to compete not only with the other new European rocket startups but with the rest of the world. Government funding is usually not well tied with profit or cost efficiency, and thus the company will have less incentive to develop a competitive rocket.

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More garbage science about wildfires and global warming from Nature

Nature: the science journal that no longer does real science
The science journal which no longer
understands how real science is done

The once highly respected science journal Nature continues its descent into propaganda and bad science, all because it bows unskeptically before the altar of global warming and leftist science fantasies.

Today’s example is an article this week entitled “You’re not imagining it: extreme wildfires are now more common,” describing a new Nature paper that attempted to use satellite data to prove that the intensity of wildfires has increased in the past two decades.

For the current study, published in Nature Ecology and Evolution on 24 June, Cunningham and his colleagues scoured global satellite data for fire activity. They used infrared records to measure the energy intensity of nearly 31 million daily fire events over two decades, focusing on the most extreme ones — roughly 2,900 events. The researchers calculated that there was a 2.2-fold increase in the frequency of extreme events globally in 2003–23, and a 2.3-fold boost in the average intensity of the top 20 most intense fires each year.

We’re all gonna die! As is usual for these crap climate-related studies, the entire goal is to drum up some manufactured new crisis that justifies the claim that the climate is warming. This study is no different, as the article eagerly notes:

Although the study doesn’t directly connect the fire trend to global warming, Cunningham [the study’s lead author] says “there’s almost certainly a significant signal of climate change”. Research has shown that rising temperatures are drying out ecosystems — such as coniferous forests — that are naturally prone to fire. This provides fuel that can boost the fires’ size and longevity. The latest study also found that the energy intensity of the fires increased faster during the night-time over the past two decades than during the daytime, which aligns with evidence4 that rising night-time temperatures are contributing to fire risk.

Not surprisingly, the New York Times immediately jumped on the bandwagon with its own article that accepts the conclusions of this research with utter naivety.

What junk. First, Cunningham fails to note this minor fact mentioned in the abstract of his own paper:
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Firefly to launch from Wallops instead of Cape Canaveral

The rocket startup Firefly announced yesterday that it has decided to change its east coast launch site for its Alpha rocket from Cape Canaveral in Florida to Wallops Island in Virginia, using the same pad there that Northrop Grumman’s Antares rocket uses.

The company said that it would use Pad 0A at the Mid-Atlantic Regional Spaceport (MARS) on Wallops Island for Alpha launches, starting as soon as 2025. The launch pad, built for the Antares rocket, will continue to be used for the revised Antares 330 Northrop Grumman is developing in collaboration with Firefly as well as the larger Medium Launch Vehicle (MLV) the companies are building.

The company says launching from Wallops, in addition to its existing pad at Vandenberg Space Force Base in California, will allow it to serve more customers. Wallops can support launches to lower inclination orbits than feasible from Vandenberg, which is best suited for sun-synchronous and other high-inclination orbits.

Because the revised Antares rocket will use a first stage built by Firefly (replacing a Ukrainian first stage no longer available due to Russia’s invasion), this change appears to make a great deal of sense. The revised pad will likely use comparable systems between both Antares and Alpha.

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France’s CNES space agency begins work adapting commercial launchpad at French Guiana for specific startup rocket companies

Capitalism in space: France’s CNES space agency, which has taken back ownership of its French Guiana spaceport from Arianespace, has now begun adapting its new commercial launchpad there for a number of specific startup rocket companies.

In early 2021, the French space agency CNES announced plans to open up the Guiana Space Centre to commercial micro and mini-launch operators. The agency explained that it would be developing a multi-user launch pad on the grounds of the old Diamant launch complex. In July 2022, CNES announced that it had pre-selected Avio, HyImpulse, Isar Aerospace, MaiaSpace, PLD Space, Rocket Factory Augsburg, and Latitude to utilize the new launch complex.

During a media briefing following ESA’s 327th council meeting, Tolker-Nielsen explained that “general work” on the complex had already started and that work on “specific adaptations” was about to begin. These specific adaptations will be completed by the companies that will utilize the launch complex to ensure it fulfills the specific needs of their launch systems.

Of the seven rocket startups listed above, Tolker-Nielson said PLD was the ahead of the others in adapting the pad for its use, though no launch date is set. Avio meanwhile will likely not have to use this pad, as it owns the Vega family of rockets, which have already launched from French Guiana using another launchpad.
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SpaceX completes two launches today, from opposite coasts

The bunny marches on! SpaceX successfully completed two launches today.

First, its Falcon 9 rocket launched 22 Starlink satellites from Cape Canaveral in Florida. This was the launch that had been delayed several times by weather, and then by a tecnical launch abort at T-0. After several days of review, it lifted in the morning today with no problems, the first stage completing its eleventh flight, landing on a drone ship in the Atlantic.

Then, about ten hours later a Falcon 9 rocket lifted off in the evening Vandenberg in California, putting 20 Starlink satellites into orbit, 13 of which are said to be designed for direct cell-to-satellite capabilities. This first stage also completed its eleventh flight, landing on a drone ship in the Pacific.

This post is a bit late because we had a five hour power outage in my neighborhood tonight, caused apparently when someone drove into a utility pole and knocked it over.

The leaders in the 2024 launch race:

66 SpaceX
28 China
8 Russia
8 Rocket Lab

American private enterprise now leads the world combined in successful launches, 77 to 42, while SpaceX by itself still leads the entire world, including other American companies, 66 to 53.

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Starliner return delayed again, until July

NASA tonight announced that it is once again delaying the undocking from ISS and the return to Earth of Boeing’s Starliner capsule, carrying two astronauts, with the return date a as-yet unspecified date in July.

The move off Wednesday, June 26, deconflicts Starliner’s undocking and landing from a series of planned International Space Station spacewalks while allowing mission teams time to review propulsion system data.

It seems to me that they have decided the more time Starliner spends in space right now, the more data they can gather about its flightworthiness in the future. Remember, the first manned Dragon demo mission stayed at ISS for more than two months.

Their approach however — announcing small delays over and over again — is extremely poor PR. It makes it seem as if the capsule’s various issues — thrusters, helium leaks, and valves — are a more serious than I think they are.

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Spanish high altitude balloon company releases artwork of its proposed passenger capsule

EOS-X's balloon capsule
Artist rendering of EOS-X’s balloon capsule

The Spanish high altitude balloon company EOS-X has now released several artist renderings of the proposed capsule that will take passengers on a high altitude balloon flight.

According to the company, the first flights will occur sometime late next year, lifting off from either Seville in Spain or Abu Dabi in the Middle East. The proposed ticket prices range from $160K to $214K, with flights lasting about five hours.

All of this sounds highly speculative, especially because EOS-X in November 2023 was one of two balloon companies indicted by a Spanish court for stealing its balloon concepts from a third company. I have not seen the final decision in that court case, so it is unclear what the long term ramifications might be. It could be that the company which sued, Zero-2, has taken over EOS-X.

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Italy approves new space law

Italy’s Council of Ministers yesterday approved language for a new space law and five year space economic plan, designed to regulate the commercial space operations inside Italy as well by Italian companies operating in foreign lands.

In addition to mandating authorization for national and foreign operators who intend to conduct space activities from Italian soil, the law will also regulate the activities of national operators intending to conduct business from foreign territories. One element of regulatory compliance outlined within the law addresses the management of space incidents. Operators will be required to secure insurance coverage of up to €100 million per incident. There are, however, provisions allowing for the potential for lower caps in cases of reduced risk.

More details about the law can be found here. It gives regulatory authority to Italy’s space agency ASI, while also establishing a five-year government program (funding not disclosed) to stimulate the space sector.

The released details are insufficient to find out the real consequences of this law. If written correctly, the regulations could actually make it easier for the private sector to prosper. If not, it could instead squelch new startups as well as existing companies.

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SpaceX announces a mini-version of Starlink designed for backpackers

SpaceX today unveiled what it calls Starlink Mini, a smaller version of the Starlink antenna that can fit inside a backpack.

Early Starlink customers were invited to purchase the Starlink Mini kit for $599, according to an invitation sent to customers and viewed by TechCrunch. That’s $100 more than the standard Starlink kit. They were also given the option to bundle Mini Roam service with their existing service plan for an additional $30 per month, though the data is capped at 50 gigabytes per month.

That would mean a Starlink residential customer on the standard service plan would spent $150 month. SpaceX aims to reduce the price of the kit, it said in the invitation. As of now, there is no stand-alone Mini Roam plan.

The unit weighs only 2.5 pounds, with the first deliveries arriving in July. It is designed specifically for travelers who want a reliable internet connection wherever they go.

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Nova Scotia spaceport approved for new government grants

The proposed Nova Scotia spaceport run by the company Maritime Services has now been approved to apply for new government grants for its proposed satellite processing facility.

The Nova Scotia CITC is an annualized reimbursement program designed by the Government of Nova Scotia to drive economic growth and incentivize development within Nova Scotia. The program provides significant financial advantages to eligible corporations that invest in infrastructure and capital equipment for approved projects located in Nova Scotia.

Maritime Launch has received approval for an initial qualification of up to $7.5M in reimbursements under the CITC for the satellite processing facility project. Reimbursement is eligible to begin at the start of the construction of the satellite processing facility, planned for late 2024 and follows approval of a separate application in September 2023 for a project at Spaceport Nova Scotia.

Maritime Launch has been around since 2016 but as of this moment it is unclear when the first orbital launch from the spaceport will occur. Initially the plan had been to provide both spaceport and a Ukrainian rocket for satellite makers, but the Ukraine war ended that plan. Now the spaceport offers its facility to any rocket company, but so far no launch company has yet signed a launch deal.

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