Coastal Commission waits to decide whether SpaceX rocket launches can increase 

The California Coastal Commission recently delayed deciding on whether SpaceX should be able to increase the number of rockets it launches from Vandenberg Space Force Base.

SpaceX proposed expanding its Falcon 9 space program by increasing launch activities from six to 36 per year, with anticipation for an additional increase to 100 per year at a later time, according to the staff report. On April 10, commissioners voted to extend a decision on the rocket launch proposal to give staff more time to address the cumulative impacts of increased launch activity and what dictates federal activity versus private company activities.

Private company SpaceX launches rockets from Vandenberg through a definition in the Coastal Zone Management Act that allows private companies to come on to federal land if they assist in "federal agency activity" on the base, according to the staff report. Because the company is performing federal agency activities, Vandenberg representatives went before the commission with the proposal.

The commission first heard the proposal in December but reopened it for discussion during its April 10 meeting after noticing that the Department of the Air Force closed Jalama Beach for SpaceX launches more than its annual maximum of 12 times—impacting recreational coastal access.

Coastal Commission staff proposed to have the launches at night when there would be fewer people to evacuate; provide a shuttle service to evacuate campers from the grounds; increase marine mammal monitoring before, during, and after launches to better understand the impacts; and monitor any impacts to endangered species like the red-legged frog or snowy plover, Environmental Scientist Wesley Horn told the commissioners.

Alongside mitigating noise concerns for residents hearing sonic booms in areas as far away as Ojai, commissioners shared concerns about holding private companies accountable for any debris lost in the ocean and/or damages to marine life with increased launch activity.

"I'm especially concerned about the plan to increase to 100 launches. I see this taking a little and slowly increasing more and more when the private entity has already not adhered to federal consistency determinations we've had in the past," Commissioner Kristina Kunkel said. "I don't think SpaceX should be able to skirt the requirements of a CDP [coastal development permit]."

A coastal development permit is required for individuals or businesses to conduct any development activities or when there's changes in land or water use intensity even if no construction is involved, according to the California Coastal Commission.

SpaceX's protection through the Coastal Zone Management Act allows the company to act without a coastal development permit because it's performing federal activities for the Department of Defense. As a result, the federal agency assumes monitoring and accountability responsibilities, Vandenberg Col. and Operations Vice Cmdr. for Space Launch Delta 30 Bryan Titus said

"Approximately 25 percent of the launches today have [Department of Defense] satellites or payloads on them, but I would argue that all of them benefit the Department of Defense," Titus said. "The other thing to keep in mind is we are trying to drive up capacity from a national security standpoint."

Titus added that Vandenberg has multiple launch pads with several companies that work out of the base.

If the Coastal Commission determined a coastal development permit would be needed, then the commission would have to submit a letter to the Space Force Base explaining the commission's position—something commission staff did last year during the discussions in December, Coastal Commission Deputy Director Cassidy Teufel said. He added that the commission received a strong response from the Department of Defense against requiring the permit.

"It hinges on this federal agency activity definition in the Coastal Zone Management Act, which includes activities contingent to the mission of the agency," Teufel said. "The authority is different. Particularly, the federal agencies, it's a negotiation and equal powers dynamic. If the commission were to object, the federal agency could move forward, and we would try to resolve the case through mitigation or litigation."

If the Coastal Commission denies the project, Vandenberg can move forward with its project anyway but would still need to adhere to any U.S. Department of Fish and Wildlife and Marine Mammal Commission requirements. Under federal consistency timelines, the commission has one month to smooth out the details and make a decision. Δ