European Union proposes new space law to supersede national space rules

The European Union

The European Union (EU) has now released its proposed Space Act that would impose European-wide regulations on the space industries of all its partnering nations, superseding their own regulations and policies.

The press release claims, at the start, that this space act would “cut red tape, protect space assets, and create a fair, predictable playing field for businesses,” but in reading the act itself [pdf], it appears to do the exact opposite. It imposes new environmental, safety, and cybersecurity regulations on the design of satellites and spacecraft in a manner that will likely slow development and competition in Europe significantly. And it applies these regulations not only to European companies but to the rest of the world’s space industry, should it do any operations at all in Europe.

This European Union space law was initially supposed to be released last year, but was delayed because it appeared there was strong opposition to it from many of the union’s member nations.

The proposed law appears to have been reshaped to limit the areas the EU can regulate space, but my appraisal of these regulations is that they are designed to quickly expand to cover everything, while adding an unneeded layer of red tape across Europe’s space industry that will only cause it to founder.

It must also be noted once again that there is no one in the bureaucracy of the EU qualified to impose these regulations on the space industry. The EU launches nothing. Its bureaucracy knows nothing about space technology. All it can do is say no to anyone that wants to achieve anything, just because it thinks it knows better.

It will be interesting to see if this space law passes. It still must be approved by European Parliament and the European Commission. I expect there to be significant opposition from several different member states, most especially Germany, Spain, and Italy, each of which have a newly emerging space industry. We should also expect opposition from the member nations formerly part of the Soviet bloc, as their past totalitarian experience makes them very skeptical of this kind of bureaucratic power play.

At the same time, the political structure of the European Union is designed to encourage the passage of such laws, which is one reason there is a rising movement in many member nations to leave the union. If the law passes, expect it to cause more fragmentation within Europe, rather than unifying the continent as it claims it will do.

Australia’s first rocket company continues to be blocked by red tape

Australian commercial spaceports
Australia’s commercial spaceports. Click for original map.

The first rocket launch by Gilmour Space, Australia’s first rocket company, from its Bowen spaceport on the east coast of Australia has apparently been blocked by continuing bureaucratic regulatory red tape.

In February the company had announced a planned launch date in March, based on what appeared to be the issuance (after more than a year’s delay) of its launch licence. That launch however never happened, with no public explanation, until now. From the link above:

In an update on Sunday, the Queensland-based firm said it had received approval from CASA and is now waiting for final clearance from the Australian Space Agency.

…It had planned for an inaugural blast-off in April 2024 but faced a lengthy delay in obtaining its final permit from the Australian Space Agency.

In other words, the launch license had only been promised, but then was not issued, leaving the company stranded for several more months, with that license still buried in the government’s byzantine operations.

The article at the link says the Australian government is now moving to streamline its space regulatory system, but don’t believe it. The elections this week saw a resounding victory for the leftist coalition with the conservative party defeated handily. With the left now in firm control, expect the regulation to increase, not decrease. Leftwing governments almost never reduce regulation. It goes against their power-hungry genetics.

Blue Origin fined by the Florida Department of Environmental Protection for using its launch deluge system

Because it conducted a static fire test using its launchpad deluge system in September 2024, before the Florida Department of Environmental Protection (FDEP) had issued it a permit, the department has now fined Blue Origin $3,250.

The actual permit was subsequently approved in November 2024.

The story is very reminiscent of the red tape treatment SpaceX has been getting at Boca Chica. I am certain Blue Origin’s deluge system uses potable water (confirmed in the comments below), which will do no harm to the environment — proven by decades of government launches at both Cape Canaveral and the Kennedy Space Center. Yet, FDEP accuses the company of dumping “untreated industrial wastewater [in]to the environment.”

This story kind of proves that leftist politicians and activists can never stay bribed. Bezos for years has cozied up to the left with major donations to leftist organizations, including many many environmental groups. But when he finally gets ready to launch they are still ready and willing to make his life difficult.

It seems to me that Governor Ron DeSantis of Florida should have a conversation with the officials at FDEP that issued this fine, explaining to them that the real problem was likely that permitting was taking longer than it should, especially when everyone knows such deluge systems cause no harm. The permit should have been approved instantly.

Sutherland spaceport submits another revised plan to local council

Proposed spaceports surrounding Norwegian Sea
Proposed spaceports surrounding Norwegian Sea.

We’re from the government and we are here to help you! The long-delayed proposed Sutherland spaceport on the north coast of Scotland has now submitted another revised plan to its local Highlands council for approval.

The amended plans for Sutherland Spaceport include a smaller launch pad and launch services facility, and realigning an access road to avoid an area of deep peat. Highland Council planners said the changes would mean reducing the amount of peat that would have to be excavated by more than half. The soil is seen as important because it absorbs CO2.

Highland councillors meeting next week have been asked to approve the amendments. In a report, officials said the amount of peat to be dug up could be cut from 24,046 cubic metres to 9,895 cubic metres.

This is the second time the spaceport has had to submit revised plans to this council. It did so in December 2023, but apparently the council was not satisfied.

Meanwhile Sutherland’s main launch customer, Orbex, has still not gotten its launch licence from the UK’s Civil Aviation Authority, first applied for in February 2022. Orbex, which has a fifty year lease at Sutherland and has built its rocket factory nearby, had planned to do its first test launch of its Prime rocket two years ago. Didn’t happen.

Adding to these bureaucratic delays, Anders Holch Povlsen, a local billionaire — who is an investor in the Saxaford spaceport on the Shetland Islands — in July 2024 filed what appeared to be an absurd harrasment lawsuit against Sutherland, and this was the second time he had done so.

I think Orbex picked the wrong spaceport horse in this race, and is likely going to be killed by this red tape and opposition.

Good news: The European Union’s space law is delayed

According to comments by one official of the European Union (EU) at a conference in Italy this week, its proposed space law has been delayed and will not be ready for publication in 2024, as previously promised.

It appears the delay is mostly because of what appear to be complex objections to this law from many of the EU’s many member nations.

Ten of the European Union’s 27 member states “have a full-fledged national space law addressing private-sector operation,” Von der Dunk said. The national laws cover authorization and supervision of commercial activities under Article VI of the 1967 Outer Space Treaty.

The EU’s authority to promote scientific progress and the industrial competitiveness of member states comes from the 2007 Lisbon Treaty. That authority is limited, though. “The commission has to make an argument why [space law] should be treated at the EU level, as opposed to the national level,” Von der Dunk said. [emphasis mine]

As I noted in April 2024 when the release of the EU’s space law was pushed back until the summer of 2024 (which by the way did not happen), those member nations do not wish to give the EU that authority, as the EU’s track record in these kinds of matters is heavy regulation and a lot or red tape, all designed to give it power and squelch private enterprise.

It appears those member nations are acting to block this law, and appear to be succeeding. My guess is that Germany, France, Spain, and Italy are the main opponents, all of which have their own space laws in place and are now developing viable private commercial rocket and spacecraft companies. They don’t want the EU’s busy hands anywhere close to these businesses, because they expect it to squash them if it gets the chance.

FAA and Air Force initiate new environmental impact statements for Starship/Superheavy launchpads in Florida

We’re here to help you! Really! Late yesterday, in a typical Friday story dump just before the weekend to reduce any notice, the FAA announced it has begun a new environmental impact statement (EIS) of SpaceX’s Starship/Superheavy launchpad infrastructure being built in Florida, working in parallel with a similar environmental impact statement now being conducted by the Air Force.

The EIS will be the second environmental review involving SpaceX’s plans to use LC-39A for Starship launches. NASA completed an environmental assessment (EA) in 2019 of the company’s plans at the time to build launch infrastructure at LC-39A for Starship, finding it would have no significant impact. At the time SpaceX was planning up to 24 Starship launches from that pad annually. A new EIS, the FAA concluded, is needed because of changes in the design of Starship and its operations since the 2019 assessment.

The FAA claims a new assessment is needed because SpaceX is now planning as many as 44 launches. The Air Force has not said why its new assessment is needed. That EIS, which began in March, covers a launchpad previously used by the Saturn-1B and Delta-4 rockets from 1964 to 2022, another pad use by the Air Force’s Titan rocket from 1965 to 2005, as well as a new pad, dubbed SLC-50.

LC-39A meanwhile has been used for launches since the 1960s. The Saturn-5, the space shuttle, and the Falcon 9 all launched from this pad.

The dishonest absurdity of these impact statements can not be overstated. There is zero reason to do new assessments. All the pads have been in use for decades, with all kinds of rockets, some comparable to Superheavy/Starship. The environment and the wildlife refuge at Cape Canaveral have both thrived.

Moreover, to force completely new impact statements because the design and plans for Superheavy/Starship have changed somewhat (but not fundamentally) is even more stupid. This is a new rocket, being developed day-by-day and launch-by-launch. Will the FAA and the Air Force require new EIS’s every time SpaceX changes anything? It seems so.

This is clearly lawfare against Elon Musk and SpaceX by the White House and the administration state. It doesn’t like Musk, and it is now searching at all times for ways to block or damage him.

I confidently predict that neither statement will be completed by the end of 2025. Based on the timeline of most EIS’s, which when politics are involved are almost always slowed by the legal action of activists, the earliest either will be approved will be mid-2026, though likely later.

What is not clear is whether the FAA and Air Force will stop all work while this red tape is being unwound. If so, then the first operational launches of Superheavy and Starship cannot happen out of Cape Canaveral until well into 2027, which means NASA entire Artemis program will be seriously delayed. My previous prediction that the first manned lunar landing can’t happen before 2030 is becoming increasingly too conservative.

And remember this: If Joe Biden and the Democrats remain in power after November, all bets are off. At that point they are certain to ramp up the lawfare against those they see as political enemies, even if their targets are doing great things for the nation and the American people.

UK Space Agency proudly grows

The United Kingdom Space Agency today announced that it is opening four new offices in four different cities, giving it a brand new headquarters as well as a total of five regional offices.

The new HQ at Harwell is due to open in June, while offices at William Morgan House in Cardiff and Space Park Leicester will open in April, with the office at Queen Elizabeth House, in Edinburgh, opening later in the summer.

In addition, the agency will retain its offices in London and Swindon.

Will this expansion alleviate the serious red-tape issues in the United Kingdom that killed Virgin Orbit and have delayed launches at its two new spaceports in Scotland? I have my doubts. The licensing problems in the UK have centered on the number of different agencies and offices that must issue approvals to private space companies. While it might make sense for the UK Space Agency to hire more people, if anything it should be streamlining its operations to one central place.

It appears instead that this bureaucracy is doing what all government bureaucracies do, expanding and growing at the cost of private enterprise. I don’t see how opening many different small offices can possibly help make the licensing procedure faster or easier.