California Coastal Commission apologizes to SpaceX, settles retaliation lawsuit

LOS ANGELES (CN) — The California Coastal Commission apologized for comments some of its members made at a 2024 meeting about the political views of SpaceX CEO Elon Musk as part of a settlement of the retaliation lawsuit the company brought against the state’s coastal watchdog.

“The commission agrees that it may not consider irrelevant factors in performing its function and specifically agrees that it will not take into account the perceived political beliefs, political speech or labor practices of SpaceX or its officers in considering any regulatory action concerning SpaceX,” the commission said in the settlement filed Tuesday in federal court.

SpaceX, Musk’s rocket company, sued the commission in 2024 over its opposition to more Falcon 9 launches at Vandenberg Space Force Base, a federal enclave on the Central California coast and the world’s second busiest spaceport.

The commission, the company said in its complaint filed in Los Angeles federal court, had engaged in naked political discrimination against SpaceX by refusing to concur in the recommendation of the U.S. Air Force to increase the number of launches from 35 to 50 at the base north of Santa Barbara.

Citing comments the commissioners made at the Oct. 10 public hearing, where they voted 6-4 against the Air Force’s proposal, SpaceX claims the decision was based on their dislike of Musk’s outspoken political views and, as such, was in violation of the right to free speech and due process enshrined in the First and 14th Amendments of the U.S. Constitution.

As part of the settlement, the commission also acknowledged it can’t require a coastal development permit for an expanded launch schedule that has been sanctioned as consistent with the U.S. Coastal Zone Management Act by the federal authorities in charge of the base.

The commission’s approval or disapproval of an expanded launch schedule for SpaceX’s Falcon 9 rockets at Vandenberg, which at the time was from 36 to 50 a year, is somewhat moot.

The coastal commission in October of 2024 voted against the U.S. Air Force’s finding that the increased launch schedule was consistent with California’s coastal management program. The Air Force, as allowed by federal law, disregarded the commission’s objection and proceeded with the expanded schedule anyway.

SpaceX said last year that the Air Force was planning to increase the number of launches even further to 100 a year.

“The Coastal Commission continues to have serious concerns about the impacts to coastal resources from increased rocket launches at the base,” the agency said in a statement Tuesday. “These impacts include restrictions on public coastal access, harm to sensitive species and coastal habitat, as well as the frequency and intensity of sonic booms.”

“Federal law requires the federal government to provide information to and coordinate with the Coastal Commission on such issues,” the agency added. “The federal government has yet to provide sufficient information to the Coastal Commission about these activities and their impact on the California coast.”

Representatives of SpaceX didn’t immediately respond to a request for comment on the settlement.

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