NEPA Has Outer Space Reach, Advocacy Group Tells D.C. Circuit
Contrary to SpaceX arguments about lacking standing, the International Dark-Sky Association's organizational interests "are clearly pertinent to the impacts of launch and reentry," the advocacy group told the U.S. Court of Appeals for the D.C. Circuit Wednesday. In a docket…
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22-1337 reply brief, the appellant challenged arguments that the National Environmental Policy Act doesn't apply to outer space, saying NEPA was established so federal agencies would recognize the worldwide and long-range character of environmental problems, and Congress would have jurisdiction and control over the objects and people it sends into space. Dark-Sky and Dish Network are separately challenging the FCC's 2022 partial authorization of SpaceX's second-generation satellite constellation (see 2301040007). In its reply brief, Dark-Sky said the FCC claims no environmental assessment was required, but its and SpaceX's reliance on mitigating factors is proof there could be significant environmental impact, and if there's uncertainty about their extent, an environmental assessment is warranted.