Tag: policy

More than a year after the New Shepard accident, the FAA finally closes its investigation

9:58 am

It appears that Elon Musk and SpaceX is not the only space company being stymied by the new heavy-handed regulation coming from the federal bureaucracy since Joe Biden took power. In a statement issued yesterday, the FAA announced that is had finally closed its own investigation into the New Shepard accident that occurred on September 12, 2022, more than a year after it occurred. More significantly, the FAA also said that despite completing its investigation, it is still denying Blue Origin a launch license to resume suborbital flights.

The FAA required Blue Origin implement 21 corrective actions to prevent mishap reoccurrence, including redesign of engine and nozzle components to improve structural performance during operation as well as organizational changes. … The closure of the mishap investigation does not signal an immediate resumption of New Shepard launches. Blue Origin must implement all corrective actions that impact public safety and receive a license modification from the FAA that addresses all safety and other applicable regulatory requirements prior to the next New Shepard launch.

It once again must be stated that there is no one at the FAA truly qualified to make such recommendations. These are paper-pushers, even if they have some engineering background. The FAA must rely on Blue Origin’s own engineers to determine these issues, as well figure out what must be done to fix them.

While Blue Origin’s own corporate culture — terribly slow at accomplishing anything — is certainly at major factor in these delays, it appears the FAA has not been helping. Blue Origin had announced the completion of its own investigation in March, six months ago, with the same conclusions as the FAA investigation completed now. Why did it take the FAA six more months to close its own investigation?

Moreover, the FAA’s statement makes it clear that Blue Origin has not yet satisfied the government’s demands, even though the investigation is closed. For Blue Origin to have still not implemented the corrections is to be expected, considering its slow methods of operation, but this statement — similar to the statement issued in connection with closing its investigation of the SpaceX’s Superheavy/Starship test flight — suggests a new and unprecedented policy at the FAA, treating all space-related incidents as if the rockets and spacecraft are no different than airplanes. First it will take its time issuing its own investigation, then it will take its time approving the corrections any company implements, just to make sure all the “i”s are dotted and the “t”‘s are crossed.

It is also possible that the FAA has been ordered to implement this new heavy-handed policy by higher ups in the White House on all companies, in order to hide the political motivations that have been targeting SpaceX and Elon Musk.

Regardless, this new strict regulation likely means we should expect a serious slowdown in the rebirth of commercial space. The renaissance of achievement by private enterprise in the past decade in space could be ending.

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Today’s blacklisted American: Hollywood’s new racist discrimination employment policies which blacklist whites

2:20 pm

Hollywood: eager to discriminate based on race

They’re coming for you next: According to a lawsuit filled by the non-profit legal firm First Liberty on behalf of James Harker, a white film electrician, the film industry has set up a racially segregated apprentice program that specifically excludes whites and is designed only for minorities.

When Harker complained about the bigoted nature of this program, he was then blacklisted, and has no longer been able to get any freelance jobs, despite 27 years of experience in the industry.

You can read the lawsuit here [pdf]. The program itself is called “Double the Line” (DTL). Its purpose is to force film companies to hire one minority to match every crew person it hires normally. That minority will be paid a full if not higher salary, regardless of his or her experience or training, and will later receive favored treatment in hiring, in order “to push forward a demographic shift,” as noted on the Equity and Inclusion website of the Association of Independent Producers (AICP), one of the defendents in this case.

In other words, the program specifically favors minorities in hiring and training, and specifically excludes whites because of their race.

The lawsuit was triggered when Harker discovered this program on a job. » Read more

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Iran launches spy satellite

11:23 am

Iranian officials today confirmed the successful launch of its Qased rocket, placing a classifed Noor spy satellite into orbit.

The Space Force confirmed this announcement, tracking two objects (one likely the satellite and the other the upper stage) in a 442 by 456 kilometer orbit with a 60.0 degree inclination. That steep inclination will allow the satellite to cross over two thirds of the Earth’s surface.

This was Iran’s first launch in 2023, and third launch of this type spy satellite and rocket since 2020. The leaders in the 2023 launch race remain the same:

68 SpaceX
44 China
13 Russia
7 Rocket Lab
7 India

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Expect long delays after third Artemis mission

10:24 am

Link here. The article outlines from a different perspective the many problems faced by NASA’s Artemis program, specifically related to its SLS rocket.

First, that fourth Artemis mission will require a larger first stage, which is far behind schedule and should not be ready until late 2028 (though I predict at least one to two years beyond that date).

Second, that larger upper stage will require completion of a new mobile launcher platform, replacing the mobile launcher now in use that cost about a half billion and will only be used three times. The new launcher platform however is also behind schedule and overbudget. Its completion is not expected until 2027 (though I predict at least one year beyond that date).

Thus, even if the third Artemis mission flies in 2026, as presently scheduled, it will be at least two years before the fourth can fly, but more likely the gap will be three to four years.

Everything related to NASA’s SLS rocket is a mess. If the people running our government had brains, they would immediately dump it and do everything they can to speed development of Starship/Superheavy, which has a better design, is reusuable, is more powerful, has greater capabilities, and most important of all, will be able to fly frequently and quickly at a very low cost, something that SLS will never be able to do.

Unfortunately, the people running our government have no brains, or to be more precise, refuse to use them because of their own selfish petty interests. SLS will go on, wasting billions. And the effort to squelch Starship/Superheavy will also continue, because these petty federal officials can’t have a private company show them up. No way! It must be their way, or the highway!

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India successfully tests upgraded upper stage engine for manned mission

9:49 am

India’s space agency ISRO has now successfully completed full power static fire engine tests of a more power version of the upper stage engine used by the most powerful version of its GSLV rocket, the LVM3, thus preparing it to launch that nation’s first manned mission, dubbed Gaganyaan.

On September 22, 2023, this test was conducted at the state-of-the-art test facility located at IPRC, Mahendragiri. During this test, the CE20 engine operated at the coveted 22-tonne thrust level for a duration of 670 seconds. Both the engine and the testing facility performed flawlessly, meeting all the performance parameters.

ISRO is still targeting 2024 for the first manned mission, but that target remains somewhat uncertain, though less so as one-by-one the agency completes these performance tests successfully.

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Small group of astronomers call for renaming the Magellanic Clouds, accusing Magellan of racism

9:38 am

They’re coming for you next: A new group of about fifty astronomers are now demanding that the Magellanic Clouds in the southern hemisphere be renamed because they don’t like it that Magellan was both a man of his time and also a white European explorer.

Magellan’s name is not fitting, astronomer Mia de los Reyes and colleagues argue. The leader of the first expedition to successfully circle the globe, Magellan enslaved and killed Indigenous people encountered on the voyage, which set out from Spain in 1519.

“Because we’re naming things in the night sky, which belongs to everyone, we think that it’s important to have names that reflect all of humanity,” says de los Reyes, of Amherst College in Massachusetts. She calls for the name change in an opinion piece published September 12 in Physics. Magellan’s voyage helped pave the way for Spanish colonialism in South America, Guam and the Philippines, says de los Reyes, who is Filipino American. “Many people see Magellan as a villain in the Philippines.”

No matter that Magellan was a great explorer who sacrificed his life to finally prove without doubt that the Earth was a sphere. No matter that he was the first person to document the existence of the Magellanic Clouds, which is why they are named for him. He was white and a European, and thus his place in history must be cancelled forever.

It also should not matter that the claims against Magellan are partly true, though magnified greatly into a slander by the use of Marxist terms. His prime mission was one of exploration, and the natives he kidnapped were taken not for purposes of slavery but to provide further documentation of what he had discovered.

No human being is perfect, and if we accept these demands to measure the past by these perfect standards we will have to cancel all history forever.

Which by the way is the real point. These radicals aren’t really interested in honoring the right people and taking honor away from the wrong people. What they want to do is to discredit all past Western history, and replace it with a Marxist fantasy that makes believe the achievements of European and Western Civilization never happened.

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Giant Magellan Telescope begins fabricating its seventh mirror

9:23 am

The fabrication of the seventh and last mirror for the Giant Magellan Telescope (GMT) has begun, with its completion and installation expected before the end of the decade.

In the project’s latest development, the Richard F. Caris Mirror Lab at another founding project partner, the University of Arizona, closed the lid on nearly 20 tons of the purest optical glass inside a one-of-a-kind oven housed beneath the stands of the university’s football stadium. The spinning oven will heat the glass to 1,165 degrees Celsius, so that as it melts, it is forced outward to form the mirror’s curved paraboloid surface. Measuring 8.4-meters in diameter—about two stories tall when standing on edge—the mirror will cool over the next three months before moving into the polishing stage.

Once assembled, all seven mirrors will work in concert as one monolithic 25.4-meter mirror—a diameter equal to the length of a full-grown blue whale—resulting in up to 200 times the sensitivity and four times the image resolution of today’s most advanced space telescopes.

A decade ago it was expected that this telescope in Chile would follow the Thirty Meter Telescope (TMT), while also working in parallel with it, with TMT covering the northern hemisphere and GMT covering the southern hemisphere. Now GMT is likely to forever work alone, as TMT remains blocked in Hawaii by the government and anti-western, anti-white protesters, and will likely never be built.

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Three astronauts return to Earth safely, completing 371 day mission

9:13 am

One American, Frank Rubio, and two Russians, Sergey Prokopyev and Dmitri Petelin, early today safely returned to Earth in their Russian Soyuz capsule, completing the longest mission yet on ISS, 371 days, and the third longest human mission ever.

The mission was the longest by accident. It was originally supposed to be a standard six month tour, but was extended to a year when the Soyuz capsule they came in developed a leak in its coolant system and had to be replaced.

The previous record for an American in space of 355 days was set by Mark Vande Hei last year. This new year-long mission is only exceeded by two Russian missions on Mir, Valeri Polykov’s 439 day mission in 1994-1995, and Sergei Avdeyev’s 381 day mission in 1998-1999.

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China launches classified satellite using its Long March 4C rocket

9:00 am

China today successfully placed a classified remote sensing satellite into orbit, its Long March 4C rocket lifting off from its Jiuquan spaceport in the northwest of China.

No word on where the rocket’s lower stages, which use toxic hypergolic fuels, crashed within China.

The leaders in the 2023 launch race:

68 SpaceX
44 China
13 Russia
7 Rocket Lab
7 India

American private enterprise still leads China in successful launches 79 to 44, and the entire world combined 79 to 70. SpaceX by itself now trails the rest of the world combined (excluding American companies) by only 68 to 70.

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Pushback: Federal court rules against ban of Christian student group by San Jose Unified School District

2:05 pm

San Jose Unified School District:
San Jose Unified School District: Where Satan
worshipers are welcomed and Christians banned.

They’re coming for you next: On September 13, 2023 the Federal Ninth Circuit Court overturned a ban of the student group, the Fellowship of Christian Athletes (FCA), by San Jose Unified School District, stating that the district cannot allow some groups it agrees with to meet on campus but ban religious groups it dislikes.

The history:

In April 2019, controversy erupted at the San Jose Unified School District’s Pioneer High School in California over a Fellowship of Christian Athletes requirement that student leaders comply with the group’s Statement of Faith and its Sexual Purity Statement. The former requires student leaders of the group to hew to the tenets of traditional Christian theology and the belief that “marriage is exclusively the union of one man and one woman,” while the latter affirms that “the appropriate place for sexual expression is in the context of a marriage relationship.” After a teacher complained about FCA’s faith requirements to the school principal and later presented his concerns to a school leadership “Climate Committee” composed of several school department chairs and administrators, the school revoked FCA’s official recognition as a school student club.

For the 2019-20 school year, FCA applied for recognition again and, predictably, was denied. Yet as the Ninth Circuit notes, the Satanic Temple Club, which even the complaining teacher believed was formed to mock FCA, was approved despite having its own set of non-religious “tenets” similar to FCA’s faith requirements.

» Read more

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Lacking funds to build its spacecraft, the VERITAS project team goes to Iceland

12:29 pm

Because NASA has cut almost all funding for the VERITAS mission to Venus in order to fund its overbudget, badly managed, and behind schedule Mars Sample Return mission, the VERITAS science team, held over with only a tiny holding budget for the next seven years, has taken a geology trip to Iceland to study the volcanoes there.

Early last month, one such field campaign took the mission’s science team to a barren and rocky region in Iceland. There, they studied rocks and surfaces near an active volcano named Askja. Such volcanic areas are being used as analogs of Venus to understand the different types of eruptions that may occur on its surface, and to test out various technologies and techniques to prepare for the VERITAS (or Venus Emissivity, Radio Science, InSAR, Topography and Spectroscopy) mission, which is not expected to launch sooner than 2031.

The article at the link focuses on this research, but the real story is this quote:

The VERITAS science team — which is being supported by a shoestring budget of $1.5 million until 2028, after NASA pulled the mission’s funding earlier this year and disbanded its entire engineering wing — collected samples of young rocks and recent lava flows near the Askja volcano that will be analyzed in a lab, according to a NASA statement.

The reason the budget was pulled was to scrap together any funds available from within NASA’s planetary program for that Mars Sample Return Mission, which is doing to the planetary program what the Webb Space Telescope did to NASA’s astronomy program: killing it. As long as NASA and Congress remain committed to that sample return mission, do not expect many new planetary missions to other planets to fly. Its budget has already quadrupled, and its launch is already expected to be delayed. Worse, the mission’s basic design remains tentative, with many major components nothing more than cool graphics on powerpoint presentations, despite having spent gigantic amounts already.

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Pushback: Pennsylvania HS students stage walk-out protesting rule allowing boys inside girls’ bathrooms

1:03 pm

A little child shall lead them, by James Johnson
“A little child shall lead them,” painting by James L. Johnson.

Bring a gun to a knife fight: On September 22, 2023 hundreds of students attending high school in Pennsylvania’s Perkiomen Valley School District walked out of classes in protest when the local school board refused to pass a new rule that would forbid boys from using the girls’ bathroom.

The school board had voted against the rule earlier in the week. According to superintendent Dr Barbara Russell it rejected the rule because of its own “anti-discrimination code which states gender identity is a protected class.”

To put it in plain English, the law now allows transvestites or cross-dressing boys to leer at young girls while they go to the bathroom, and no one can do anything about it.

The students in these high schools however did not agree, and made that disagreement quite clear in their protest. I strongly suspect that even when they return to class, there is going to be an organized effort to protect the girls from such perversion. Note this quote:
» Read more

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Pushback: California county sued for using cellphones to track movements of church-goers

12:14 pm

Santa Clara seal

They’re coming for you next: Santa Clara county in California is now being sued by Calvary Chapel San Jose and its pastor Mike McClure for using without warrant the GPS data from the cellphones of the church’s members to track their movements without their knowledge.

On August 22, 2023, a lawsuit was filed by Advocates for Faith and Freedom on behalf of Calvary Chapel San Jose against Santa Clara County, California, for utilizing geofencing methods to spy on church members during the COVID-19 pandemic. Earlier this year, Santa Clara County imposed a $1.2 million fine against the church for not abiding by the State’s and County’s COVID-19 restrictions.

Santa Clara County utilized an investigative method known as geofencing. Geofencing is a technological tool the government uses to track people relative to their location and likely locations. This tool is typically used in police investigations of criminal activity and, in these instances, requires a warrant– which is not always granted.

The lawsuit complaint can be read here [pdf]. As it notes:
» Read more

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House speaker Kevin McCarthy proposes bill to extend “learning period” for rocketry

9:52 am

The speaker of the House, Kevin McCarthy (R- California) today introduced what he calls the STAR act, which would extend the learning period that exempts the new human commercial space industry from heavy regulation from its impended expiration this year for eight more years, to 2031. From his statement:

The STAR Act would extend the learning period by 8 years to provide sufficient time for the FAA and commercial space industry to develop consensus standards for human safety in space flight. The bill’s proposed 8-year extension corresponds with the lengths of the original learning period — from 2004 to 2012—and the extension by Rep. McCarthy’s SPACE Act (P.L. 114-90) — from 2015 to 2023.

More information here. That McCarthy has introduced this bill suggests its chances of passage are high, assuming a very divided and partisan Congress can manage to pass anything in the coming weeks.

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Independent review: NASA’s Mars sample return mission is in big trouble

9:27 am

Perseverance's first set of core samples, placed on the floor of Jezero Crater
Perseverance’s first set of core samples,
placed on the floor of Jezero Crater

An independent review of NASA’s Mars sample return mission (MSR) to pick up the core samples being collected by the rover Perseverance has concluded that the project has serious fundamental problems that will likely cause it to be years late and billions over-budget, assuming it ever flies at all.

You can read the report here [pdf]. After thirteen pages touting the wonders and importance of the mission to get those samples back to Earth, the report finally gets to its main point:

However, MSR was established with unrealistic budget and schedule expectations from the beginning. MSR was also organized under an unwieldy structure. As a result, there is currently no credible, congruent technical, nor properly margined schedule, cost, and technical baseline that can be accomplished with the likely available funding.

Technical issues, risks, and performance-to-date indicate a near zero probability of [the European Mars orbiter intended to bring the sample back to Earth] or [the Earth sample facility] or [the Mars ascent vehicle] meeting the 2027/2028 Launch Readiness Dates (LRDs). Potential LRDs exist in 2030, given adequate funding and timely resolution of issues.

• The projected overall budget for MSR in the FY24 President’s Budget Request is not adequate to accomplish the current program of record.

• A 2030 LRD for both [the sample return lander] and [the Mars orbiter] is estimated to require ~$8.0-9.6B, with funding in excess of $1B per year to be required for three or more years starting in 2025.

Based on this report, a mission launch in 2030 is only “potentially” possible, but only wild-eyed dreamers would believe that. It also indicates that the budget for each component listed above requires several billion dollars, suggesting the total amount needed to achieve this mission could easily exceed in the $30 to $40 billion, far more than the initial proposed total budget for the U.S. of $3 billion.

None of this is really a surprise. Since 2022 I have been reporting the confused, haphazard, and ever changing design of the mission as well as its ballooning budgets. This report underlines the problems, and also suggests, if one reads between the lines, that the mission won’t happen, at least as presently designed.

The report does suggest NASA consider “alternate architectures in combination with later [launch readiness dates].” Can you guess what might be an alternate architecture? I can, and its called Starship. Unlike the proposed helicopters and ascent rocket and Mars Orbiter, all of which are only in their initial design phases, Starship is already doing flight tests (or would be if the government would get out of the way). It is designed with Mars in mind, and can be adapted relatively quickly for getting those Perservance core samples back.

Otherwise, expect nothing to happen for years, even decades. In February 2022 I predicted this mission would be delayed from five to ten years from its then proposed ’26 launch date. A more realistic prediction, based on this new report, is ten to twenty years, unless NASA takes drastic action, and the Biden administration stops blocking Starship testing.

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Pushback: Professor blacklisted by North Texas U wins in Federal court

1:29 pm

North Texas University: where censorship and blacklisting is celebrated

Bring a gun to a knife fight: Today’s blacklist story follows up on the case of professor Timothy Jackson, who was dismissed in 2021 by the University of North Texas (UNT) as the editor of a history of music journal he had founded because he and his student editors had organized an issue dedicated to disproving the anti-white and racist accusations of a different professor against a well known musical figure.

From his lawyer’s most recent press release:

The Journal of Schenkerian Studies is dedicated to a late 19th/early 20th-century Austrian-Jewish music theorist, Heinrich Schenker, and his systematic, graphic methods of music analysis. In July 2020, Timothy Jackson defended Schenker in the pages of the Journal from an attack by Hunter College Professor Philip Ewell. Professor Ewell labeled Schenker a “racist” and, indeed, the entire tradition of Western classical music as “systemically racist.” This dispute would have remained a typical academic tempest in a teapot, but the University of North Texas swiftly condemned Jackson’s defense of Schenker and classical music. At UNT, defending classical music and its theory against charges of “racism” is a “thought crime.”

Graduate students quickly condemned Professor Jackson for “racist actions” and various other derelictions that they claimed hurt their feelings. Calls for Professor Jackson to be fired quickly escalated, and the vast majority of Jackson’s fellow faculty members jumped on the bandwagon. Sixteen of them signed a graduate student petition calling for his ouster and for censorship of the Journal. Discovery revealed that at least one did so without even reading or understanding what the petition said.

Officials at the university subsequently removed Jackson as editor of the journal, apparently because he had freely expressed his first amendment rights to dissent publicly from Ewell’s false accusations against Schenker. As I noted in 2021,
» Read more

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SpaceX shows off a Raptor-2 engine during local Texas parade

12:13 pm

During the annual Founders Day parade in McGregor, Texas, SpaceX participated by including on its float a Raptor-2 engine, used by Starship and Superheavy.

Outside of an unannounced display of an engine in town one day, SpaceX, known for it’s secrecy, hasn’t had a public showing like this before. Residents waved as the engine passed by while SpaceX employees and their families waved and tossed candy from the trailer hauling the engine.

McGregor, whose population is only 6,000, is the location of SpaceX’s engine facility, where it builds and tests its rocket engines. Very clearly this parade proves this evil capitalist company is doing harm to these poor rural Texans and the environment that surrounds them. The hate that emanates from these citizens is truly overwhelming!

Hat tip to Robert Pratt of Pratt on Texas.

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FAA and FCC now competing for the honor of regulating commercial space more

9:44 am

Two stories today illustrate again the growing appetite of federal alphabet agencies to grab more power, even if that power is not included in their statutory authority.

First, the Federal Aviation Administration (FAA) proposed new rules governing the de-orbiting of the upper stages of rockets by commercial launch companies.

The FAA is proposing a new rule requiring commercial space companies to dispose of their rocket upper stages to limit the creation of more space debris. Five disposal methods are allowed: a controlled or uncontrolled deorbit within certain time limits, putting the stage into a less congested orbit or sending it into an Earth-escape orbit, or retrieving it. A 90-day public comment period will begin once the proposed rule is published in the Federal Register.

Though this “appears to implement the updated U.S. Orbital Debris Mitigation Standard Practices issued in 2019,” it upgrades it from a “practice” that the government requests companies to follow to a “rule” they must follow. It also expands the power of the FAA to regulate commercial rocket companies, setting a new precedent of control that I guarantee with time will expand further.

Not to be outdone in this power grab, the Federal Communications Commission (FCC) added its own new satellite rules to the satellite licenses of two constellations run by the companies Iceye and Planet. The rules however have nothing to do with regulating the use of the electromagnetic spectrum, which is the FCC’s sole purpose according to the law that created it:
» Read more

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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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