Environmental Impacts of the Commercialization of Space
Earlier this year, Elon Musk indicated that SpaceX might move launch operations of their Starship Rocket from Texas to Cape Canaveral in Florida. (Sheetz, CNBC; Wall Street Journal). The announcement of a potential move was prompted by the Federal Aviation Administration’s (“FAA”) environmental review of the rocket and the potential for a delayed launch if the FAA determined further environmental analysis would be necessary. (Sheetz, CNBC; Wall Street Journal). Not only did the FAA delay completion of the environmental analysis for more than five months, but the agency also withheld granting SpaceX an orbital launch license until the company complies with more than 75 mitigation requirements to reduce environmental impacts to the area surrounding the launch site. (Sheetz, CNBC; FAA Newsroom; Howell, Space.com). The orbital test flight of the Starship rocket is important to both the National Aeronautics and Space Administration (“NASA”) and SpaceX because the rocket was chosen to be a lunar lander for NASA’s Artemis Program. (Howell, Space.com). The delay of such a highly anticipated and critical launch demonstrates the considerable importance placed on environmental impacts.
The government has good reason to require environmental analysis and to regulate rocket launches. One required component of a launch, fuel, has a wide range of impacts on the environment depending on the type of fuel used. (Pultarova, Space.com). For example, prior use of a fuel called “Devil’s venom” led to significant environmental effects decades ago. (Pultarova, Space.com). Although the United States has steered clear of this type of fuel, the danger of this fuel can still be seen as a portion of Russia has been turned into an “ecological disaster zone” due to spills of this highly toxic fuel. (Pultarova, Space.com). While some launches use greener fuel options, less green fuel alternatives remain in use. Id. Currently, kerosene is used as a popular rocket fuel; however, it produces soot, also known as black carbon, that can affect atmospheric heat absorption. Id. With the different types of fuels used today, researchers have expressed concern that emissions from space launches will deplete the ozone. (Dallas et al., Journal of Cleaner Production). Although scientists currently believe there is negligible environmental impact from emissions, experts still express concern that future increases in commercial space launches will have a large environmental impact. (Pultarova, Space.com). Some have estimated that a single space tourism flight lasting for 90 minutes generates as much pollution as a 10-hour trans-Atlantic flight. Id.
While fuel emissions can lead to concerns for air and water quality, launches implicate other environmental concerns as well. Examples of these concerns include increased traffic to launch sites, launch debris, fire management, and noise or light effects on wildlife. (FAA EA; Wall Street Journal). Fire management for example requires a flood of water during ignition to prevent fires from extreme heat and to reduce damage from sound waves. (NASA Education). While a flood of water might seem benign, water usage and waste become a big question when one considers that each launch requires about 450,000 gallons of water. (Molina, USA Today). To balance environmental concerns with the rapid desire for commercial space operations, the industry requires legal guidance.
The Outer Space Treaty (“OST”) briefly mentions the environment and states that exploration of outer space should be conducted in a way that avoids contamination to celestial bodies and “adverse changes in the environment of the Earth resulting from the introduction of extraterrestrial matter. . . .” (Article IX; OST). Because the OST gives minimal guidance on environmental protection, national regulation must fill in the gap to determine what type of environmental regulation is needed. In the United States, Federal agencies must apply the National Environmental Policy Act (“NEPA”), a procedural statute that requires agencies to consider and disclose environmental effects of major actions so the agency can make informed decisions. (FAA, FAA SpaceX; Serafini, NASA FAQ; EPA, NEPA). This means that agencies involved in space launches and licensing such as the FAA, NASA, and the Federal Communications Commission (“FCC”) must comply. Because of this, launch licensing schemes incorporate an environmental review process. (FAA; Environment Review Process). For example, to obtain a license or permit for commercial space transportation activities, the FAA Office of Commercial Space Transportation requires environmental review. Id. To comply with environmental review, the FAA specifies that the launch or permit applicant must satisfy both NEPA and the Council on Environmental Quality (“CEQ”) regulations. Id.
The NEPA process can be lengthy and complex and can require cooperation between the lead agency and other agencies. The lead agency will determine whether an Environmental Impact Statement (“EIS”) needs to be completed or if an Environmental Assessment (“EA”) will suffice. (EPA, NEPA Review). An EIS is required if there is the potential for significant impacts. Id. As an example of how long the NEPA process can take, the CEQ found that across agencies, average EIS completion time took 4.5 years, and that was after the agencies issued a Notice of Intent informing the public of the plan to prepare an environmental analysis (CEQ, EIS Timelines; EPA, NEPA Review). When considering the lengthy EIS process, it is easy to see why Elon Musk would not want the FAA to conduct an EIS after waiting for completion of an EA. (Sheetz, CNBC; Wall Street Journal). Although SpaceX does not have to conduct an EIS to launch the Starship rocket, the NEPA process appears to be delaying the orbital launch. (Howell, Space.com). After preparing a programmatic EA, the FAA determined that mitigation is necessary to reduce wildlife and vegetation impacts and to further protect resources under the National Historic Preservation Act. (FAA Newsroom).
NEPA is a procedural law and therefore it does not set forth regulations for agencies to follow; however, mitigation may be required as a result of the NEPA process. (U.S. Navy, NEPA; FAA Newsroom). Additionally, commercial space companies must comply with other applicable local, state, and Federal laws and regulations that are more specific to certain environmental concerns. (FAA, FAA Environmental). For example, the FAA environmental review for licensing also requires compliance with the Clean Water Act, Clean Air Act, and Endangered Species Act. Id. Some laws such as the Clean Air Act are highly pertinent to rocket launches due to the Environmental Protection Agency’s authority to “establish National Ambient Air Quality Standards. . . and to regulate emissions of hazardous air pollutants”. (EPA, CAA).
The legal structures surrounding environmental impacts with rocket launches are complex. Due to the complexity of environmental regulation, licensing can be a lengthy procedure causing launch delays. With a probable increase in the number of launches, there is concern for an increase in environmental impacts. In anticipation of increased commercial launch activity, more research should be done to determine the magnitude of environmental impacts resulting from critical launching components like fuel. (Pultarova, Space.com). There is limited research to predict how an increase in commercial space operations would affect the environment and more research will be necessary to ensure robust environmental regulation and protection. Id. Research into potential impacts will assist with the creation of substantive regulations to minimize the impact of space activities on the environment. With billionaires flocking to space, there might also be opportunities for commercial space companies to invest in research and attempt to reduce their carbon footprint by implementing environmentally friendly protections when possible. In the meantime, agencies must continue to comply with NEPA and enforce other local, state, and Federal regulations to hold commercial space companies accountable for potential environmental impacts.