Coastal Commission agrees to apologize to SpaceX as part of lawsuit settlement agreement
- by KEYT
- Apr 29, 2026
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In October of last year, Space Exploration Technologies Corporation (SpaceX) filed a lawsuit in federal court contesting the decision by the state regulator to reject to an increase in launches from Vandenberg Space Force Base.
According to the suit filed late last year, SpaceX leases the land used for rocket launches from Vandenberg Space Force Base, but, notably, the U.S. Air Force, "retains ultimate authority over the use of the land and launch facilities".
That distinction between a private company's commercial launches and a federal agency's launches matters.
SpaceX is one of the few U.S.-based launch service providers currently certified to launch national security missions through the National Security Space Launch program.
A federal consistency determination is a state-level decision concerning federal actions that impact local coastal zones and determines the extent of the Coastal Commission's authority over federal agency actions.
The image below, courtesy of the California Coastal Commission, shows the inland extent of the Coastal Zone in Santa Barbara County as the blue line.
While federal agencies, such as the U.S. Space Force, can avoid the usual permitting process through the California Coastal Commission as long as they agree to a mitigation agreement, private companies are subject to the California Coastal Act that requires permitting or permission from the Commission which regulates the coastal zone statewide.
The Commission's vote to reject the increase in launches was an escalation of the Coastal Commission's efforts to require SpaceX specifically to apply for a coastal development permit regarding its commercial launches.
While Falcon 9 boosters launch Defense Department materials into space, most launches are for Starlink satellites and, as the Coastal Commission posited, tied to a private commercial activity outside of supporting a federal agency action.
"Elon Musk is hopping about the country, spewing and tweeting political falsehoods and attacking FEMA [the Federal Emergency Management Agency] while claiming his desire to help hurricane victims with free Starlink access to the internet," stated California Coastal Commissioner Gretchen Newsom at the time.
The Coastal Commission argued that it should be able to require SpaceX to meet additional requirements, such as applying for a coastal development permit, much like other private companies that do work in the coastal region in the state.
According to a statement sent to Your News Channel in November of last year from the California Coastal Commission, "The decision to deny an increase in rocket launches at Vandenberg Space Force Base was motivated by several factors. However, the primary concern articulated by the Commissioners at Thursday's public hearing was that SpaceX, as a private company, should itself be applying for a coastal development permit under California state law."
The October suit noted that the Coastal Commission had not previously contested that commercial space launches from the local space force base are federal agency activities since launches started in 1972, but, since December of 2023, "the Commission has repeatedly asserted that the Base's Falcon 9 launch program is not federal agency activity and demanded that SpaceX obtain a CDP [coastal development permit] to conduct Falcon launches."
Before the six-to-four decision against the United States Air Force's proposal to increase launches from 36 to 50 per year on Oct. 10, 2025, members of the Commission specifically cited SpaceX and the actions and statements of its principal owner and CEO, Elon Musk, for their decision.
"The concern is with SpaceX increasing its launches, not with the other companies increasing their launches," stated Commission Chair Hart during the October hearing.
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