Tag: policy

Chinese pseudo-company experiences launch failure

9:08 am

The Chinese pseudo-company Galactic Energy last night experienced the first launch failure of its solid-fueled Cere-1 rocket, launching from the Jiuquan spaceport in the northwest of China.

No details about the failure were released, including where in China the rocket crashed. The rocket has four stages, and is derived from Chinese missile technology. This was its tenth launch, and first failure.

Like all of China’s pseudo-companies, Galactic Energy obtains investment capital and then competes for government or commercial contracts. It is not a real company in that the government has closely supervised and controlled it (especially because of its dependence on missile designs), and can take it over at any time.

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Environmentalists appeal dismissal of their lawsuit against the FAA and SpaceX

10:14 am

The two environmentalist groups and Indian tribe that sued to get SpaceX’s Boca Chica spaceport shut down have now appealed the dismissal of their case by a Texas judge.

Two environmental groups and an Indigenous tribe on Wednesday will present appeals in their lawsuit over the repeated closures of a border beach to allow neighboring SpaceX to conduct test flights and other activity. The Sierra Club, Save RGV, and the Carrizo Comecrudo Nation of Texas are scheduled to present oral arguments before the 13th Court of Appeals on Wednesday morning in Edinburg.

Last summer, the groups filed a lawsuit accusing the state of not upholding the Texas Open Beaches Act, but a district court judge in Brownsville ruled against their lawsuit, saying they couldn’t sue the Texas General Land Office or Cameron County, where the popular beach and SpaceX are located. The Texas Constitution grants the public rights to all public beaches. At issue, however, is whether private groups have a constitutional right to sue.

Though I am not surprised that the lawsuit was dismissed because these groups have no standing, this the first I had heard of that dismissal. I suspect their appeal will fail as well, especially as the hearing is being held in the state courts, which are generally very sympathetic to SpaceX and the economic rebirth it has brought to south Texas.

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The emerging long term ramifications of the Ukraine War

2:09 pm

With the war in the Ukraine now in the second half of its second year, with no clear outcome on the horizon, I thought it might be a good time to step back and look at what Russia’s invasion has wrought, not just on Russia and the Ukraine, but on the rest of the world, now and possibly into the long term future.

My goal in this essay is to look at the forest, not the trees, and to do so in very broad strokes, based on my experience as a historian who has taken this approach in all my histories.

First however it is necessary to give a short update on the war itself. In my previous two updates in April and July I concluded that the war was devolving into a stalemate, much like the ugly trench warfare of World War I. Nothing has changed that conclusion in the two months since July, a fact that is starkly illustrated by the two maps below, originally created by the Institute for the Study of War (ISW) and modified and annotated by me to highlight the most significant take-aways.
» Read more

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SpaceX sues to get Justice’s discrimination suit thrown out on constitutional grounds

9:20 am

SpaceX on September 15, 2023 filed suit in Texas to get the Justice Department’s August 24th discrimination suit — which claims that the company discriminates against illegal aliens because it obeys State Department security regulations forbidding such hiring — thrown out on constitutional grounds.

From the complaint [pdf]:

But aside from being factually and legally insupportable, the government’s proceedings are unconstitutional for at least four reasons: (1) the administrative law judge (ALJ) adjudicating the government’s complaint was unconstitutionally appointed; (2) the ALJ is unconstitutionally insulated from Presidential authority because she is protected by two layers of for-cause removal protections; (3) the ALJ is unconstitutionally purporting to adjudicate SpaceX’s rights in an administrative proceeding rather than in federal court; and (4) the ALJ is unconstitutionally denying SpaceX its Seventh Amendment right to a jury trial.

The suit specific names two of these administrative judges, as well as attorney general Merrick Garland, as defendents. It also outlines in detail how SpaceX follows the State Department’s law protecting U.S. technology scrupulously, while hiring the most talented people of all races, including non-citizens after getting State Department permission. Even so, the company’s complaint focuses on the unconstitutionality of the Justice Department’s administrative attack, demanding its dismissal for these reasons alone.

As I noted when the Justice Department’s lawsuit was first announced,

This suit is utter garbage and puts SpaceX between a rock and a hard place. I guarantee if SpaceX had hired any illegal or refugee who was not yet a legal citizen, Biden’s State Department would have immediately sued it for violating other laws relating to ITAR (the export control laws mentioned) which try to prevent the theft of technology by foreign powers.

That SpaceX has chosen to fight this lawsuit first on constitutional grounds suggests the company has fundamentally come to the same conclusion. Musk has decided to fight back hard against Biden’s effort to squash him both politically and legally.

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The American Geophysical Union shows off its ignorance of the scientific method

1:03 pm

Recently a climate scientist caused an uproar among scientists and peer-review journals when he admitted in an op-ed that the only way he could get his climate paper published in the journal Nature was to fake his results in order to fit them to the narrative that human-caused global warming is causing all our environmental problems.

In my paper, we didn’t bother to study the influence of these other obviously relevant factors. Did I know that including them would make for a more realistic and useful analysis? I did. But I also knew that it would detract from the clean narrative centered on the negative impact of climate change and thus decrease the odds that the paper would pass muster with Nature’s editors and reviewers.

While that op-ed brutally exposed the political biases at Nature that make it impossible to get honest research published, it only told a part of the story. Nature is only one journal, and if it was the only place this corruption of science was occurring, the problem would be manageable.

In truth it is only one example of a far more widespread problem, because it is now practically impossible for any skeptic of global warming to get his or her work published in almost any scientific journal. Worse, most of the major science organizations worldwide no longer simply favor pro-global warming climate research, they act aggressively to promote only one kind of result, to the point that the things they publish sometimes are little different than Soviet propaganda.

The American Geophysical Union, where science is no longer practiced
The American Geophysical Union, where
science is no longer practiced

As a prime example, I want to focus today on the American Geophysical Union (AGU), an scientific organization initially formed as an umbrella group to help American scientists publish and publicize their research on the study of the Earth, its interior, and its nature as a planet. To do so the AGU publishes a wide range of peer-review journals, all intended as fair-minded outlets for new research.

Sadly, in the past two decades the AG abandoned that primary function. For example, it has made its global-warming biases clear for several decades, essentially telling every climate scientist worldwide that if you submit any paper that raises any questions about global warming, it will be rejected outright.

More recently however the AGU has become even more up front and public about its close-minded approval of the as-yet unproven theory that humans are causing the climate to heat up. » Read more

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Federal government continues to block the return of Varda’s commercial capsule, carrying drugs to treat HIV

9:47 am

Even as the FAA continues to block Varda from returning its capsule back to Earth, the Air Force has now joined in to block its landing at its Utah Test and Training Range, the same location NASA will use on September 24 to drop the return capsule from OSIRIS-REx, carrying material from an asteroid.

Varda originally planned to bring back a capsule containing crystals of ritonavir, a drug used to treat HIV, in mid-July. After announcing that had been delayed [due to the FAA’s refusal to issue a landing license in July], the company was looking at September 5 and 7, a source told TechCrunch. This information was confirmed by USAF.

The company declined to comment, but posted on X that the “spacecraft is healthy across all systems” and that they are continuing to collaborate with regulators to bring the capsule back to Earth. They added that the spacecraft can survive for up to a year on-orbit.

“Sept. 5 and 7 were their primary targets,” a spokesperson for the USAF said in an emailed statement. “The request to use the Utah Test and Training Range for the landing location was not granted at this time due to the overall safety, risk and impact analysis. In a separate process, the FAA has not granted a reentry license. All organizations continue working to explore recovery options.”

The spokesperson further said that Varda “is working on presenting alternate plans,” but would not elaborate further whether that meant seeking an alternate landing site. A spokesperson for the FAA told TechCrunch that Varda’s application was denied on September 6 because the company “did not demonstrate compliance with the regulatory requirements.”

“On September 8, Varda formally requested that the FAA reconsider its decision. The request for reconsideration is pending,” the spokesperson said.

The actions of these agencies is unconscionable and a outright abuse of power. There is no rational reason for the FAA to continue to deny Varda the right to bring its capsule back to Earth. Its claims of environmental impact are bogus, especially since capsules and spacecraft have been returning to Earth like this for more than three-quarters of a century. Nor is there any reason for the Air Force to have blocked the return now. Its claim of issues of “safety, risk, and impact” is utter garbage, especially since it is allowing a NASA capsule to land in this exact same facility in only days, and that capsule is carrying material from an asteroid.

One might question why Varda apparently flew its capsule prior to getting these landing approvals, but it did exactly the right thing, for two reasons. First, if it waited for approvals before flying, it would have no leverage on these power-hungry federal agencies and it likely would still be on the ground, going bankrupt (think of Virgin Orbit in the United Kingdom). This by the way is the same tactic used by SpaceX. You don’t wait on them, you put them under the gun by moving forward as fast as possible.

Second, this situation helps highlight the power grab by these agencies. While the FAA has some concerns relating to conflicts with airplane traffic, that should simply be a matter of coordination and involve no great delay. Similarly, landing on an Air Force base is merely scheduling. Since when did government agencies have the power to block a landing beyond those points? They don’t, not legally, morally, or practically.

Though I am sure most workers at the FAA and Air Force are likely trying to do their best to help
Varda, the structure of such regulatory agencies always encourages the power-hungry to grab power. The result has been endless mission creep, to the point where today no space activity can happen without some government agency sticking its nose in to demand control.

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Russian investigators pin down cause of Luna-25 failure

10:03 am

Though the investigation is not yet complete, reports out of Russia indicate that the cause of the failure of Luna-25 during an engine burn while in orbit around the Moon has been identified.

The article at the link provides the details, which involve problems with two “BIUS-L accelerometers” during the flight, which for reasons not yet understood were switching from the primary to the secondary randomly during the journey to the Moon, apparently because of some failure.

However, ahead of the fateful lunar orbit correction on August 19, both accelerometers worked correctly, but once the maneuver started, one set failed again, while the flight control system never switched to data from the second set. As a result, onboard computers were not receiving data about critical parameters required for properly completing the orbit correction, such as orientation of the spacecraft in space, velocity and altitude.

If confirmed, this crash scenario would likely implicate deficiencies in the development or testing of the flight control system and its software rather than any mechanical problem of the propulsion system, which was implied in the initial statement about the incident. [emphasis mine]

The highlighted sentence says it all. The serious quality control problems that have hampered Russia’s space efforts remain, and in fact appear systemic throughout its entire aerospace industry. In fact, this failure of a planetary probe helps explain the many difficulties Russia has been having in its war in the Ukraine, attributable to these same issues.

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China launches military reconnaissance satellite

9:52 am

China today successfully launched a classified military reconnaissance satellite, using its Long March 2D rocket lifting off from its Xichang spaceport in the south of China.

No word on where the rocket’s lower stages crashed in China. All the stages use hypergolic fuels, which are extremely toxic.

The leaders in the 2023 launch race:

65 SpaceX
43 China
13 Russia
7 Rocket Lab
7 India

American private enterprise still leads China in successful launches 76 to 43, and the entire world combined 76 to 69. SpaceX by itself now trails the rest of the world combined (excluding American companies) 65 to 69.

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FAA confirms: No Starship/Superheavy launch license until Interior approves

4:00 pm

The Kafkaesque Interior Department strikcs again!
The Kafkaesque Interior Department
strikcs again!

They’re coming for you next: In an email today, the FAA confirmed what I had reported yesterday, that though it hopes to issue a launch license for the next orbital test flight of SpaceX’s Starship/Superheavy rocket by the end of October, no license will be issued until Fish & Wildlife in the Interior Department agrees.

Before it is authorized to conduct a second Starship/Super Heavy launch, SpaceX must obtain a modified license from the FAA that addresses all safety, environmental, and other regulatory requirements. As part of that license application determination process, the FAA will review new environmental information, including changes related to the launch pad, as well as other proposed vehicle and flight modifications.

The FAA will complete a Written Reevaluation (WR) to the 2022 Programmatic Environmental Assessment (PEA) evaluating the new environmental information, including Endangered Species Act consultation with the U.S. Fish and Wildlife Service. If the FAA determines through the WR process that the contents of the PEA do not remain valid in light of the changes proposed for Flight 2, additional environmental review will be required. Accordingly, the FAA has not authorized SpaceX’s proposed Flight 2. [emphasis mine]

Tragically, my April prediction is coming true. This launch is almost certainly not going to occur before November, and will almost certainly be delayed until next year.

Note again that until the Biden administration, SpaceX was not required to get a detailed environmental reassessement after every Boca Chica test launch. Fish & Wildlife was not involved, as it shouldn’t be. SpaceX made its engineering investigation, the FAA reviewed it quickly, and the company launched again, at a pace of almost one test launch a month, with almost every launch resulting in a crash landing or an explosion.

Under the Biden administration the rules suddenly changed. Now, all launches are environmental concerns, even though we have empirical data for more than seventy years at Cape Canaveral that rocket launches not only do no harm to wildlife, they allow it to thrive because the spaceport creates large zones where nothing can be developed.

In other words, the Biden administration is playing a raw and cruel political game, designed to kill Starship/Superheavy. And it is succeeding, because it will be impossible to develop this rocket on time for its investors and NASA at a pace of only one test launch per year.

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Today’s blacklisted American finally wins his four-decade-long fight against the federal government

1:52 pm

So Kafkaesque even Kafka would be astonished
So Kafkaesque even Kafka would be astonished

Bring a gun to a knife fight: In 1982 Sidney Longwell bought a federal oil and gas lease from the Interior Department, with the intention of making money from the oil he extracted from Montana’s Lewis and Clark National Forest. Such leases were not unusual up until then, and in this case was obtained in a perfectly legal manner.

It was not to be, at least for the next four decades, as the Interior Department under five different Presidents repeatedly changed the rules and made arbitary decisions in an effort to somehow illegally cancel that lease. The story, as described by his non-profit law firm, Mountain States Legal Foundation, is quite ugly.

Sidney Longwell first bought his federal oil and gas lease in 1982. But after years of back-and-forth, the Clinton Administration suspended his lease indefinitely in 1993, placing it in regulatory limbo. A decade of fruitless bureaucratic review followed. Finally, in 2013, and with help from Mountain States Legal Foundation, he took the DOI to court, where the agency was forced to address Sidney’s lease. When pressed in 2016 for a decision, the DOI canceled the lease! So, Mountain States and Sidney sued them again.
» Read more

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Germany signs Artemis Accords

9:26 am

Germany today finally signed the Artemis Accords, becoming the 29th nation to do so. More important, its signing puts most of Europe within the accords, as well as all of the major players in space except for China and Russia.

The full list of signatories to the Artemis Accords is now as follows: Argentina, Australia, Bahrain, Brazil, Canada, Columbia, Czech Republic, Ecuador, France, Germany, India, Israel, Italy, Japan, Luxembourg, Mexico, New Zealand, Nigeria, Poland, Romania, Rwanda, Saudi Arabia, Singapore, South Korea, Spain, the United Kingdom, the United Arab Emirates, the Ukraine, and the United States.

We now can essentially see the alliance that will compete with China, Russia, and the handful of third world leftist nations such as Venezuela and South Africa. Though there are some nations on this list that have not flown in space and have a very weak infrastructure for space (Nigeria, Romania, and Ecuador for example), most of the signatories have major aerospace industries with a strong space component. More important, while the Biden administration has been deemphasizing the original conception of the accords, aimed at strengthening property rights in space, the members of the alliance are still mostly capitalist countries, with legal systems that support individual rights.

On the other side are nations that have traditionally or are now pushing for communism and strong authoritarian rule.

Thus, we can now see the rough outline of the political competition that will exist as the solar system is explored and colonized in the coming centuries.

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Russia launches 3 astronauts to ISS

9:02 am

Russia today used its Soyuz-2 rocket to launch three astronauts to ISS, one American and two Russians, lifting off from Baikonur in Kazakhstan.

At posting the Soyuz capsule had still not docked with ISS, but should do so shortly.

The leaders in the 2023 launch race:

64 SpaceX
42 China
13 Russia
7 Rocket Lab
7 India

American private enterprise still leads China in successful launches 75 to 42, and the entire world combined 75 to 68. SpaceX by itself still trails the rest of the world combined (excluding American companies) 64 to 68.

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