Tag: Vandenberg

Judge narrows SpaceX lawsuit against California Coastal Commission

9:16 am

Though U.S. district judge Stanley Blumenfeld ruled in May that SpaceX’s lawsuit against California Coastal Commission for targeting the company because the commissioners did not like Elon Musk’s political views can proceed, in early July he also narrowed the lawsuit significantly.

Blumenfeld granted a motion to dismiss violations of the First Amendment and due process against the commission and individual members based on lack of standing, sovereign immunity and failure to state a claim, but allowed allegations of “biased attempts to regulate SpaceX’s activity” and unlawfully demanding a CDP to proceed.

“In sum, SpaceX has plausibly alleged a ripe, nonspeculative case or controversy over whether it must obtain a CDP to continue its Falcon 9 launches,” Blumenfeld said in his order. “The credible threat that defendants will bring an enforcement action and subject SpaceX to daily fines for not having a CDP — which defendants pointedly do not disavow — is sufficient to establish an actual injury under Article III [of the U.S. Constitution].”

It appears the judge acted to protect the commissioners themselves from direct liability, using the made-up concept from the 20th century that government employees are somehow wholly immune from any responsibility for their actions.

Nonetheless, SpaceX has a great case, and is very likely to win in court, a victory that could very well cause the coastal commission and the state of California serious monetary pain.

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Judge rules that SpaceX’s lawsuit against the California Coastal Commission can go forward

11:22 am

A federal judge yesterday ruled that SpaceX’s lawsuit against the California Coastal Commission for its actions attempting to block Falcon 9 launches at Vandenberg because a majority of the commissioners don’t like Elon Musk’s politics can now go forward.

U.S. District Judge Stanley Blumenfeld Jr., a Donald Trump appointee, denied in part California’s request to dismiss the case at a hearing Friday in Los Angeles federal court. In a tentative decision, which wasn’t made publicly available, the judge rejected the state’s argument that four of SpaceX’s claims for declaratory relief weren’t “ripe” because the commission hadn’t enforced a threatened requirement for SpaceX to obtain a coastal development permit for the expanded launch schedule. “The tentative doesn’t find that the evidence is compelling, but that it is sufficient at this stage,” the judge said at the hearing.

This same judge had earlier ruled in favor of the coastal commission, noting that the commission has no real power to limit SpaceX operations at the military base and thus the company could not demonstrate harm. SpaceX amended its complaint to emphasize the harm caused to Musk’s free speech rights, and this was sufficient for the judge to change his ruling in favor of SpaceX.

This ruling doesn’t mean SpaceX and Musk have won. It means the judge considers their case sufficient for it to the lawsuit to proceed.

SpaceX’s complaint stems from an insane October 2024 hearing before the commission, where multiple commissioners came out against a SpaceX request to increase its launches at Vandenberg not because it might harm the environment but because Elon Musk now supported Donald Trump.

Their actions that day were a clear abuse of power for political reasons, and a clear violation of Elon Musk’s right to free speech.

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Air Force issues draft approval of second SpaceX launchpad at Vandenberg

9:44 am

Air Force last week issued a draft environmental impact statement approving SpaceX’s plans to rebuild the old Space Launch Complex 6 (SLC-6, pronounced “slick-six”) at Vandenberg that was first built for the space shuttle (but never used) and later adapted for ULA’s Delta family of rockets, now retired.

The plan involves rebuilding SLC-6 to accommodate both Falcon 9 and Falcon Heavy launches, including the addition of two landing pads. With its already operational launchpad at Vandenberg, SLC-4E, the company hopes to increase its annual launch rate from 50 (approved by the FAA earlier this month) to as much as 100.

The estimated launch cadence between SpaceX’s existing West Coast pad at … SLC-4E and SLC-6 would be a 70-11 split for Falcon 9 rockets in 2026 with one Falcon Heavy at SLC-6 for a total of 82 launches. That would increase to a 70-25 Falcon 9 split in 2027 and 2028 with an estimated five Falcon Heavy launches in each of those years.

The draft assessment is now open to public comment through July 7, 2025, with a final version expected to be approved in the fall. It appears the Air Force wants it approved, as it needs this capacity for its own launch requirements. It also appears it no longer cares what the California Coastal Commission thinks about such things, as it has no authority and its members appear motivated not by environmental concerns but a simple hatred of Elon Musk.

An annual launch rate of 100 however exceeds what the FAA approved in May, doubling it. In order to move forward either the FAA will have to issue a new reassessment of its own, or some legislative or executive action will be needed to reduce this red tape. Since Vandenberg is a military base, the military in the end makes all the final decisions. The FAA simply rubber-stamps those decisions.

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FAA okays increase in SpaceX launches from Vandenberg from 36 to 50 per year

11:44 am

The FAA today approved an environmental reassessment at Vandenberg Space Force Base that permits SpaceX to increase its annual launches there from 36 to 50.

The reassessment determined (not surprisingly) that there was “no significant impact” on the environment caused by the increased number of launches.

We already have more than seven decades of empirical data at spaceports in both Florida and California that rocket launches do no harm to the environment, and in fact act to significantly protect wildlife and natural resources because they require the creation of large regions where no development can take place.

The real question should be this: Why is the federal government wasting taxpayer money on these reports? They are utterly unnecessary, and only serve to hinder the freedom of Americans while spending their taxes on make work that accomplishes nothing.

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Chinese man who used drone illegally over Vandenberg, spying for China, given slap on wrist in sentencing

9:19 am

Yinpiao Zhou, the Chinese man who flew a drone illegally over Vandenberg last fall in order to spy for China, has now been sentenced for his crime.

Yinpiao Zhou was sentenced Monday morning by a U.S. district judge in Los Angeles to four months in prison with a year of supervised released [sic]. He was also ordered to pay a $200 fine and $25 special assessment.

Since Zhou has been held in prison almost four months already, he will likely be released in days for time served.

All the evidence suggests he did this either willingly or unwillingly under orders from China. A second man that was with him while he flew the drone was never identified or arrested, and has likely been allowed to flee the country. Zhou himself tried to flee as well, as he was arrested at the airport as he tried to board a plane back to China. He is a Chinese citizen who is lawfully in the U.S., but having been caught spying it is astonishing that he is being allowed to remain in the country. He should be deported immediately.

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Chinese man convicted of flying drone over Vandenberg illegally

9:32 am

The Chinese man, Yinpiao Zhou, who was arrested in November when he flew a spy drone illegally over Vandenberg Space Force Base for almost an hour, has now been convicted of a misdemeanor.

A 39-year-old man from Contra Costa County and Chinese citizen, Yinpiao Zhou, pled guilty to a misdemeanor charge in U.S. District Court in Los Angeles Monday morning for flying a drone over Vandenberg Space Force Base, according to the U.S. Attorney’s Office.

Zhou was arrested in December on charges of failing to register an aircraft that was not providing transportation and violation of national defense airspace, based on federal court documents. Following an indictment by a federal grand jury on the two misdemeanor charges, Zhou, under a plea agreement, admitted guilt to one charge—violation of national defense airspace. … The plea agreement stipulates Zhou may face up to one year imprisonment, one year supervised release, and a $100,000 fine.

All the evidence suggests this guy was doing spying for China. For one, he was arrested at the airport as he tried to board a plane back to flee back to China. Second, when confronted by security he lied about his actions, trying to hide the drone. Third, he had an accomplice who security people foolishly allowed to get away, who is still unidentified and still at large (assuming he is even still in the country).

Based on these facts, at a minimum Zhou should be immediately deported after he completes his one year sentence. In the past he would not have gotten off so lightly. He would have been tried as a spy, and hanged.

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Space Force starts environmental impact study of SpaceX’s launches at Vandenberg

3:35 pm

In mid-December the Space Force initiated a new environmental impact study (EIS), reviewing SpaceX’s request to significantly increasing the number of launches it would do out of Vandenberg, an increase that could climb to as much as a hundred launches per year.

The EIS will examine the environmental impacts from the redevelopment of Space Launch Complex (SLC) 6 for use by SpaceX for Falcon 9 and Falcon Heavy launches. The Space Force awarded SpaceX access to SLC-6, aka “Slick Six,” in 2023 after the final launch of United Launch Alliance’s Delta 4 from the site.

SLC-6 was built in the 1960s for the Air Force’s Manned Orbiting Laboratory program, which was canceled in 1969 before any launches took place. It was later converted to support Space Shuttle launches, but mothballed after the Challenger accident in 1986 before hosting a single launch. ULA took over the site in 2006.

The EIS would also allow SpaceX to conduct up to 100 launches annually between SLC-6 and its existing launch pad at Vandenberg, SLC-4. That includes booster landings at both launch sites as well as droneships downrange.

This is where we are are in the first quarter of the 21st century. Nothing new can be done anywhere without detailed environmental impact statements that take months, sometimes years, to complete, and almost always conclude that the proposed work can proceed without harm. Often however that conclusion can only come if the government and the private sector agree to funnel cash to environmental causes and organizations, if only to shut them up and prevent further lawsuits. (That’s exactly what happened in Boca Chica. Expect the same now in California.)

It must be noted again that we now have almost eight decades of empirical proof in both Florida and California that rocket launches do no significant harm to the environment, and that if anything they act to protect wildlife by creating large undeveloped refuges in the surrounding land. These new impact statements forced on SpaceX in California, in Florida, and in Boca Chica are therefore nothing more than a government power play, done in order to tell everyone who really is boss.

A new boss however takes over the executive branch of the federal government in only a few weeks. I suspect he will not look kindly at these games. Expect some quick changes almost immediately.

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Chinese citizen arrested for flying drone illegally over Vandenberg

10:29 am

Yinpiao Zhou, a Chinese citizen in America on a legal immigrant visa, has been arrested for flying a drone illegally over Vandenberg Air Force Base.

Nearly a mile above Vandenberg Space Force Base in Santa Barbara County, a hacked drone soared through restricted airspace for roughly an hour. The lightweight drone photographed sensitive areas of the military facility on Nov. 30, including a complex used by SpaceX, according to federal investigators. The drone then descended back to the ground, where the pilot and another man waited at a nearby park.

Before either could leave however, four security officers from Vandenberg showed up. Initially Zhou lied about what he was doing, hiding the drone under his jacket. At one point however the officers spotted the drone, forcing Zhou to admit the truth as well as delete the footage on the drone.

Neither Zhou or the second man, who remains unidentified, were arrested at that time. Zhou was arrested on December 9, 2024 at San Francisco International Airport, just before he was to board a flight back to China. He is charged with flying a drone illegally out of his line of sight and in a no-fly zone, and remains in custody.

It appears this was an intended spying operation by China or one of its pseudo-companies, attempting to steal more information about SpaceX’s technology in order to copy it. Why Zhou and that other man were not arrested immediately is unclear.

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Republican California state legislator introduces bill to overturn California Coastal Commission’s effort to block SpaceX

9:46 am

Wants to be a dictator
Wants to be a dictator

Republican state assemblyman Bill Essayli has now introduced a bill that would overturn the decision by the California Coastal Commission to reject SpaceX’s request to increase its launch rate at Vandenberg spaceport, a decision the commissioners readily and publicly stated was made not to protect the state’s beaches (the commission’s prime function) but because they did not like Musk’s political positions.

“AB 10 will reverse the politically-motivated decision by the California Coastal Commission to restrict SpaceX launches for the Space Force due to their hatred of Elon Musk. This dangerous and illegal decision threatens our national security and erodes the public trust we place in our officials to act in the best interest of the people — not politics,” Essayli said in a statement this week.

SpaceX has already sued the commission and its commissioners for violating Musk’s first amendment rights as well as exceeding their statutory authority.

The bottom line however is that the commission’s decision carries no legal weight. Vandenberg is an federally operated military base, and thus this state commission has no authority to dictate what happens there. The Space Force has simply tried to work with it in the past.

Thus, if the commission’s fangs are not pulled by Essayli’s legislation as well as SpaceX’s lawsuit, the military will likely just ignore it.

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SpaceX sues California Coastal Commission

9:30 am

Wants to be a dictator
Wants to be a dictator

As promised by Elon Musk, SpaceX has now filed suit against California Coastal Commission, and its commissioners, accusing it of violating Musk’s first amendment rights and using its regulatory power against the company simply because those commissioners disagree with Musk’s political positions.

You can read SpaceX’s lawsuit filing here [pdf]. From its introduction:

[The Commission has engaged in naked political discrimination against Plaintiff Space Exploration Technologies Corp. (SpaceX) in violation of the rights of free speech and due process enshrined in the First and Fourteenth Amendments of the United States Constitution. Rarely has a government agency made so clear that it was exceeding its authorized mandate to punish a company for the political views and statements of its largest shareholder and CEO. Second, the Commission is trying to unlawfully regulate space launch programs—which are critical to national security and other national policy objectives—at Vandenberg Space Force Base (the Base), a federal enclave and the world’s second busiest spaceport.

The lawsuit stems from the comments made by the commissioners when then voted against the military’s plan to allow SpaceX to increase its launch rate at Vandenberg spaceport to up to 50 launches per year. In those comments, the commissioners made it clear that the main reason they were voting against the motion was because they were offended by Elon Musk and his political positions, not because the company was doing anything wrong. In fact, the commissioners knew SpaceX was doing nothing wrong. As noted at the first link above:
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Musk says SpaceX will sue California Coastal Commission

8:42 am

In a tweet on X on October 12, 2024, Elon Musk said that SpaceX will sue the California Coastal Commission for violating his first amendment rights as soon the court opens tomorrow.

“Filing suit against them on Monday for violating the First Amendment,” he wrote, adding: “Tuesday, since court is closed on Monday.”

At least two commissioners had made it very clear in public statements at a hearing last week that they were voting against a Space Force request that would increase the number of launches at Vandenberg because they opposed Elon Musk’s political positions, not because the request would do any harm to the coast. The commission then rejected the request 6-4, with others claiming that SpaceX should have made the request directly rather than have the Space Force do it.

The vote remains non-binding, as the Space Force has the legal power to do whatever it wants at Vandenberg, and only works with the commission as a courtesy.

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California officials: SpaceX shouldn’t be allowed to launch from Vandenberg because we hate Elon Musk

10:11 am

In voting yesterday to reject a plan by the military to increase the number of launches at Vandenberg Space Force Base in California, members of the California Coastal Commission admitted openly they did so because they do not like Elon Musk and his publicly stated political preferences.

The California Coastal Commission on Thursday rejected the Air Force’s plan to give SpaceX permission to launch up to 50 rockets a year from Vandenberg Air Force Base in Santa Barbara County.

“Elon Musk is hopping about the country, spewing and tweeting political falsehoods and attacking FEMA while claiming his desire to help the hurricane victims with free Starlink access to the internet,” Commissioner Gretchen Newsom said at the meeting in San Diego.

…“I really appreciate the work of the Space Force,” said Commission Chair Caryl Hart. “But here we’re dealing with a company, the head of which has aggressively injected himself into the presidential race and he’s managed a company in a way that was just described by Commissioner Newsom that I find to be very disturbing.”

It must be noted that this vote is not legally binding on the military. Though it has always tried to work in cooperation with this commission, it has the right to decide for itself how many launches it wants to allow out of Vandenberg. Whether it will defy the commission however is uncertain, and likely depends entirely on who wins the presidential election. If Harris wins, she will likely order the Space Force to not only obey the commission but to further limit launches by SpaceX at Vandenberg. If Trump wins, he will likely tell the Space Force to go ahead and expand operations, ignoring the immoral political machinations of these commissioners.

And it must be emphasized how immoral and improper these commissioners are. Their task is to regulate the use of the California coast in order to protect it for all future users, from beach-goers to rocket companies. It is not their right to block the coast’s use to certain individuals simply because those individuals have expressed political views they oppose. Not only does this violate Musk’s first amendment rights, it is an outright abuse of power.

If anyone in California reading this article wishes to tell these commissioners what they think of their actions yesterday, you can find their contact information here.

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A review of Firefly’s new launch facilities in both the U.S. and Sweden

10:19 am

Link here. The company already has leases for launchpads at both Vandenberg and Cape Canaveral, though only the Vandenberg pad is presently operational. It now building new pads in Viriginia at Wallops Island and in Sweden at the commercial Esrange spaceport.

Regarding the purpose of offering a launch site in Europe, Firefly stated to NSF, “The launch cadence will largely be driven by customer demand. With the inaugural Alpha launch from Esrange as early as 2026, the new complex can support commercial customers in the broader European market and enable tactically responsive space missions to further advance national security for NATO countries.”

The company has already completed five launches from Vandenberg, with a sixth upcoming.

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LA Times: Can California’s coastal commission stop SpaceX launches from Vandenberg?

9:48 am

Link here. This article is a follow-up on the story I posted yesterday, about a meeting of the California Coastal Commission where locals demanded and the commission considered measures for attempting to limit an increase in launches from Vandenberg.

The article provides many more details about this political battle. It appears the military, out of courtesy, was letting the commission know that it wants to raise the number of launches to accomodate not just SpaceX but other private companies. It can do so without the commission’s permission, but wishes to work with it.

The commission and the ten or so people at the meeting complaining were exploring ways to block this increase. Though the meeting postponed any action until the next meeting in May, it was clear its commissioners will use the next few months to explore ways to expand their control, including looking for funding sources for initiating court actions.

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House Democrats propose and Republicans approve Space Force increasing spaceport fees

9:37 am

We’re here to help you! The House Armed Services Committee, controlled by a majority of Republicans, has approved a defense funding bill that includes an amendment, proposed by a Democrat, that would allow the Space Force to charge much larger fees for the use of its spaceports.

Committee members signed off on the legislation June 22, which proposes $874 billion in defense spending. The full House is slated to vote on the bill in July. Included in the bill is an amendment offered by Rep. Salud Carbajal, D-Calif., that would allow the Space Force to collect fees from companies for the indirect costs of using the military’s launch ranges, like overhead infrastructure or other charges that a traditional port authority might impose on its users.

Today, per the Commercial Space Launch Act of 1984, the service is limited to collecting fees for direct costs like electricity at a launch pad. The law also restricts the Space Force from accepting in-kind contributions from commercial companies to upgrade its ranges.

The committee’s bill, if approved, would require commercial launch companies to “reimburse the Department of Defense for such indirect costs as the Secretary concerned considers to be appropriate.”

The bill also includes a Republican amendment that encourages the Space Force to charge other additional fees, or require private companies to do work the Space Force is presently handles.

Though the latter amendment might make sense, both amendments will likely achieve just one thing: making it much more expensive to launch from Cape Canaveral and Vandenberg. Whether those increased costs will be kept as low as possible is entirely unknown. We certainly should not trust officials in the federal government to do so.

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Old launch tower burns down at Firefliy launchpad at Vandenberg

9:47 am

Capitalism in space: Apparently workers dismantling the old launch tower at Firefliy’s new launchpad at Vandenberg started a fire that burned the tower down.

A photo showing the former Delta II rocket’s Space Launch Complex-2 facility with flames and a huge column of black smoke rising from the distinctive blue tower began circulating on social media sites on Thursday night.

The launch site, most recently used for liftoffs of United Launch Alliance’s Delta II rockets, has been handed over to Texas-based Firefly Aerospace, which is developing a new family of rockets as an economical way to carry small- to medium-sized satellites into space.

The firm has a long-term lease to use the site with hopes of saving money by using some of the existing facilities. Firefly has plans to dismantle the historic tower, and a contractor armed with welding equipment reportedly sparked the blaze Thursday.

No word yet on whether this fire will delay Firefly’s planned first launch in the spring.

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California & Space Force to encourage private launches at Vandenberg

9:46 am

Capitalism in space: The state government of California has signed an agreement with the U.S. Space Force to expand private launches facilities at Vandenberg Space Force Base

It appears that the Space Force is aggressively trying to encourage new private launch operations to take flight out of Vandenberg. The article however is very unclear about exactly what this new agreement accomplishes. I could not find its actual text, and from the story all we get is typical government blather:

[Chris Dombrowski, acting director of the Governor’s Office of Business and Economic Development] said the organizations under the [agreement] will develop a “master plan that identifies the required infrastructure, human capital development, governance and financing necessary to support the United States Space Force mission and position California as a leader in the future of the commercial space industry.”

“This MOU serves as a critical investment in California’s innovative economy as we work to safely recover from the COVID-19 induced recession,” he said.

If anything, it appears that California’s Democratic and very power-hungry government is using this agreement to take control of any new private operations, so that it can dictate how they operate, according to its whims. If so, don’t expect much private enterprise to prosper at Vandenberg.

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ULA reduces workforce at Vandenberg

9:23 pm

Capitalism in space: In an effort to save costs ULA is reducing its workforce at Vandenberg by 48.

The company has been aggressively trying to streamline its operations to better compete against SpaceX. This reduction was expected, and based upon what I saw when I toured Vandenberg a few years ago, entirely justified. While SpaceX’s operations then looked lean and simple, ULA’s set up appeared a bit inefficient.

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SpaceX to double leased space at Los Angeles port

10:16 pm

The competition heats up: SpaceX has requested a doubling of its leased space the port of Los Angeles in order to facilitate the return of first stages launched from Vandenberg.

The Board of Harbor Commissioners will vote at its Thursday morning meeting on a deal to enlarge Space Exploration Technologies Corp.’s footprint at San Pedro’s outer harbor. The company hopes to lease 4.6 acres of land and water area along Berths 51 to 53 for $23,735 a month, plus insurance and any incidental costs.

In addition to extra space, the lease agreement allows the company to have berthing rights, install a chain-link fence around the property, build a concrete rocket-support pedestal, and add an office trailer, guard shack and portable restrooms, according to a staff report prepared for the commission.

According to the article, the increased space is needed because of the company’s plans to launch every two weeks from its pads at Kennedy and Vandenberg.

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Back from Vandenberg

9:34 am

In my trip to Vandenberg Air Force Base yesterday to give a lecture to their local AIAA chapter, I got a quick drive around the southern parts of the base where the Atlas 5, Delta, and SpaceX launchpads are located. This is the same area I toured when I last visited the base back in March 2015.

I had been curious to see the fire damage from the fall wildfires. Unfortunately, a fog bank had rolled in and made it impossible to see the hills behind the launchpads where the fires had raged. I did see some fire damage within several hundred feet of a liquid nitrogen storage facility, but otherwise the clouds prevented me from seeing any of the wildfire damage.

The one item of interest that I did see was at the SpaceX launchpad. While we could not enter the facility, we could see in plain sight the first stage of the next planned Falcon 9 launch. They had hoped to lift off this week, but delayed the launch last week until January to complete the investigation into the September 1 launchpad explosion. Nonetheless, the first stage was there, lying horizontal out in the open air. Several nozzles were removed from the engine array at the stage’s base. Whether they were removed as part of the investigation, or as part of standard maintenance, I do not know.

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Launches at Vandenberg remain suspended due to wildfire damage

11:06 am

It appears that though they had reported that the wildfires at Vandenberg Air Force Base had left the launch facilities undamaged, launches remain suspended due to necessary repairs.

Vandenberg officials have been tight-lipped about damage beyond confirming downed power lines in the area, despite unconfirmed reports in the local communities about a tracking station, weather sensor or other critical support equipment being ruined in the fire. Other unconfirmed reports mention damage to communication equipment.

ULA officials last said the launch would not occur before early October, but never released the targeted launch date as the Air Force began surveying damage and crafting a recovery plan. The Air Force remains mum about what was damaged or affected by the fires.

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Vandenberg wildfire overview given by base commander

9:14 am

In a public meeting yesterday evening, the base commander of Vandenberg Air Force Base gave the public an update on the base’s wildfires that have raged for the past few weeks.

All the fires appear now to be under control. No launch facilities or base housing was damaged. They have increased security and are investigating the causes, including not dismissing the possibility of arson. He also noted that the fires not only caused the delay of an Atlas 5 launch, they might cause a cascading delaying effect on the scheduling of other subsequent launches.

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Update on wildfire at Vandenberg

8:34 am

Despite efforts to be rein it in, the wildfire at Vandenberg continues to burn and spread.

It has grown to include at least 5,000 acres.

The overhead image of the burn area at the link shows three launch sites. The SLC-3E site is ULA’s launchpad for the Atlas 5. The SLC-4E site is SpaceX’s launchpad at Vandenberg. The SLC-6 site was the site originally built for the space shuttle, never used, and has now been redesigned for ULA’s Delta rockets as well as payloads that need to be integrated vertically. For some close-up pictures, see my Vandenberg photo tour from 2015.

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Vandenberg wildfire spreads

9:50 am

The wildfire at Vandenberg Air Force Base that caused the cancellation of Sunday’s Atlas 5 launch has spread and remains out of control.

Zaniboni said the fire is burning north to northwest toward two launch pads — Space Launch Complex-4, the SpaceX launch site, and SLC-3, where base officials scrubbed Sunday’s launch of an Atlas 5 rocket carrying the WorldView 4 satellite. Although the fire did not pose an immediate threat to SLC-3 at the time, Col. Paul Nosek said it required the base to redeploy firefighters from stand-by at the launch site.

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