Elon Musk announced that SpaceX will sue the Federal Aviation Administration (FAA) for “regulatory overreach” following the agency’s plans to fine the defense contractor over issues related to two launches last year. Musk’s threat of litigation, made in a post on the social media platform X on Tuesday, came after the FAA revealed it would impose fines totaling $633,000 against SpaceX for allegedly failing to adhere to various licensing and safety-related regulations during those launches.
The FAA stated that SpaceX utilized an “unapproved rocket propellant farm” for its EchoStar XXIV Jupiter mission in July 2023. Additionally, for a launch the previous month from Cape Canaveral Space Force Station in Florida, SpaceX modified its communication plans and employed a new, unapproved launch control room, according to the FAA.
In a “notice of proposed civil penalty,” the FAA explicitly informed SpaceX on June 16, 2023—just two days before the launch—that it “would not issue a modification” to SpaceX’s license. Despite this, SpaceX proceeded with the launch. Musk and a SpaceX spokesperson did not immediately respond to requests for further information regarding the company’s complaint.
In a recent blog post, SpaceX expressed concerns about the “difficulties launch companies face in the current regulatory environment,” particularly regarding “launch and reentry licensing.” Last year, the FAA announced a $175,000 fine against the company for failing to submit required data prior to a Falcon 9 launch in 2022. SpaceX settled that fine in full by last October.
In August, the FAA was forced to cancel an approved environmental review for SpaceX’s Starship Super Heavy after Musk’s company failed to disclose that it had received multiple enforcement actions from Texas state and federal environmental authorities. The FAA’s most recent proposed civil penalties underscore the agency’s challenges in obtaining the necessary information from SpaceX in a timely manner to review and authorize launches and reentries.
In addition to his confrontations with the FAA and environmental regulators, Musk has also clashed with the National Labor Relations Board (NLRB). He filed a federal lawsuit claiming that the NLRB’s structure is unconstitutional and that its administrative processes violate the principle of separation of powers.
