No Space for Space on NEPA, TechFreedom Says in Viasat/FCC Suit
The National Environmental Policy Act, passed during the space race, never mentions outer space and refers explicitly to "man's environment" and "the human environment," making it clear its jurisdiction is on Earth, TechFreedom told the U.S. Court of Appeals for…
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the D.C. Circuit Tuesday. The group's amicus brief (in Pacer, docket 21-1123) backed the FCC. Appellants Viasat and Balance Group are challenging on environmental grounds the agency's approval of a license modification granted SpaceX (see 2106020036). Even if NEPA did apply to space, TechFreedom said, environmental harm arguments raised by Viasat and Balance "are overstated and speculative." Counsel for the appellants didn't comment.