* . *
  • About
  • Advertise
  • Privacy & Policy
  • Contact
Wednesday, October 22, 2025
Earth-News
  • Home
  • Business
  • Entertainment
    AMC brings first new Dolby Experience to Gwinnett since 2017 – Wyoming News Now

    AMC Launches First New Dolby Experience in Gwinnett Since 2017

    Hetzel Design: blending architecture and entertainment – Blooloop

    Hetzel Design: Where Architecture and Entertainment Unite in Perfect Harmony

    Country music legend rushed to hospital year after heart surgery. Here’s what we know – PennLive.com

    Country Music Legend Rushed to Hospital One Year After Heart Surgery – What’s Happening Now?

    Strictly Come Dancing results: Chris Robshaw is eliminated while drag queen La Voix escapes dance-off – Yahoo

    Strictly Come Dancing results: Chris Robshaw is eliminated while drag queen La Voix escapes dance-off – Yahoo

    Placer County town of Loomis considers entertainment zone for downtown – CBS News

    Loomis Unveils Thrilling New Entertainment Zone to Revitalize Downtown

    CT Culture Corner: Robert Redford films to watch – CT Insider

    CT Culture Corner: Robert Redford films to watch – CT Insider

  • General
  • Health
  • News

    Cracking the Code: Why China’s Economic Challenges Aren’t Shaking Markets, Unlike America’s” – Bloomberg

    Trump’s Narrow Window to Spread the Truth About Harris

    Trump’s Narrow Window to Spread the Truth About Harris

    Israel-Gaza war live updates: Hamas leader Ismail Haniyeh assassinated in Iran, group says

    Israel-Gaza war live updates: Hamas leader Ismail Haniyeh assassinated in Iran, group says

    PAP Boss to Niger Delta Youths, Stay Away from the Protest

    PAP Boss to Niger Delta Youths, Stay Away from the Protest

    Court Restricts Protests In Lagos To Freedom, Peace Park

    Court Restricts Protests In Lagos To Freedom, Peace Park

    Fans React to Jazz Jennings’ Inspiring Weight Loss Journey

    Fans React to Jazz Jennings’ Inspiring Weight Loss Journey

    Trending Tags

    • Trump Inauguration
    • United Stated
    • White House
    • Market Stories
    • Election Results
  • Science
  • Sports
  • Technology
    Office Technology: Dealers’ Managed IT Revenue up Nearly 30% – The Cannata Report –

    Office Technology: Dealers’ Managed IT Revenue up Nearly 30% – The Cannata Report –

    3 E Network Technology Group Limited Closes $1.5 Million Convertible Promissory Note Offering – Quiver Quantitative

    3 E Network Technology Group Limited Closes $1.5 Million Convertible Promissory Note Offering – Quiver Quantitative

    3 Technology Stocks to Buy Now – Yahoo Finance

    3 Must-Buy Tech Stocks You Can’t Afford to Miss Right Now

    ‘New frontier’: Austin leaders start discussions on air taxi technology – KXAN Austin

    Austin Leaders Ignite Exciting Conversations on the Future of Air Taxi Technology

    How a Gemma model helped discover a new potential cancer therapy pathway – blog.google

    How a Gemma Model Revealed a Breakthrough Pathway for Cancer Treatment

    Italian Technology in Manufacturing: Supporting North American Industries and Keeping Production Local – Thomasnet

    How Italian Technology is Revolutionizing North American Manufacturing and Boosting Local Production

    Trending Tags

    • Nintendo Switch
    • CES 2017
    • Playstation 4 Pro
    • Mark Zuckerberg
No Result
View All Result
  • Home
  • Business
  • Entertainment
    AMC brings first new Dolby Experience to Gwinnett since 2017 – Wyoming News Now

    AMC Launches First New Dolby Experience in Gwinnett Since 2017

    Hetzel Design: blending architecture and entertainment – Blooloop

    Hetzel Design: Where Architecture and Entertainment Unite in Perfect Harmony

    Country music legend rushed to hospital year after heart surgery. Here’s what we know – PennLive.com

    Country Music Legend Rushed to Hospital One Year After Heart Surgery – What’s Happening Now?

    Strictly Come Dancing results: Chris Robshaw is eliminated while drag queen La Voix escapes dance-off – Yahoo

    Strictly Come Dancing results: Chris Robshaw is eliminated while drag queen La Voix escapes dance-off – Yahoo

    Placer County town of Loomis considers entertainment zone for downtown – CBS News

    Loomis Unveils Thrilling New Entertainment Zone to Revitalize Downtown

    CT Culture Corner: Robert Redford films to watch – CT Insider

    CT Culture Corner: Robert Redford films to watch – CT Insider

  • General
  • Health
  • News

    Cracking the Code: Why China’s Economic Challenges Aren’t Shaking Markets, Unlike America’s” – Bloomberg

    Trump’s Narrow Window to Spread the Truth About Harris

    Trump’s Narrow Window to Spread the Truth About Harris

    Israel-Gaza war live updates: Hamas leader Ismail Haniyeh assassinated in Iran, group says

    Israel-Gaza war live updates: Hamas leader Ismail Haniyeh assassinated in Iran, group says

    PAP Boss to Niger Delta Youths, Stay Away from the Protest

    PAP Boss to Niger Delta Youths, Stay Away from the Protest

    Court Restricts Protests In Lagos To Freedom, Peace Park

    Court Restricts Protests In Lagos To Freedom, Peace Park

    Fans React to Jazz Jennings’ Inspiring Weight Loss Journey

    Fans React to Jazz Jennings’ Inspiring Weight Loss Journey

    Trending Tags

    • Trump Inauguration
    • United Stated
    • White House
    • Market Stories
    • Election Results
  • Science
  • Sports
  • Technology
    Office Technology: Dealers’ Managed IT Revenue up Nearly 30% – The Cannata Report –

    Office Technology: Dealers’ Managed IT Revenue up Nearly 30% – The Cannata Report –

    3 E Network Technology Group Limited Closes $1.5 Million Convertible Promissory Note Offering – Quiver Quantitative

    3 E Network Technology Group Limited Closes $1.5 Million Convertible Promissory Note Offering – Quiver Quantitative

    3 Technology Stocks to Buy Now – Yahoo Finance

    3 Must-Buy Tech Stocks You Can’t Afford to Miss Right Now

    ‘New frontier’: Austin leaders start discussions on air taxi technology – KXAN Austin

    Austin Leaders Ignite Exciting Conversations on the Future of Air Taxi Technology

    How a Gemma model helped discover a new potential cancer therapy pathway – blog.google

    How a Gemma Model Revealed a Breakthrough Pathway for Cancer Treatment

    Italian Technology in Manufacturing: Supporting North American Industries and Keeping Production Local – Thomasnet

    How Italian Technology is Revolutionizing North American Manufacturing and Boosting Local Production

    Trending Tags

    • Nintendo Switch
    • CES 2017
    • Playstation 4 Pro
    • Mark Zuckerberg
No Result
View All Result
Earth-News
No Result
View All Result
Home Science

Regulating outer space after Loper Bright

July 5, 2024
in Science
Regulating outer space after Loper Bright
Share on FacebookShare on Twitter

It’s been a busy few weeks for the Supreme Court. Among the decisions that are being hailed as the most significant in decades, the court issued Loper Bright v. Raimondo, overturning the 40 year old Chevron Doctrine, which directed courts to defer to an agency’s interpretation of their authorizing statutes. What does fishing for herring (the fact pattern of Loper Bright) have to do with developing outer space? A lot, actually. While space exploration began 67 years ago with the launch of Sputnik, the rules regulating commercial activities in outer space in many ways are just now being written. Agencies from the Federal Communications Commission (FCC) to the Federal Aviation Administration (FAA) to the National Institute of Standards and Technology (NIST) all have open proceedings affecting outer space. And without Chevron deference, all of these agency actions may be subject to challenge.

Loper Bright says that courts must determine what powers agencies hold when an authorizing statute is unclear. The decision does not say that non-expert judges will now have to make critical technical decisions, contrary to what some are saying. Agencies will retain the ability to make factual findings in implementing statutes, especially on highly technical issues, and courts will give them great weight. Administrative law nerds will note that agencies still retain Skidmore deference, the older cousin of Chevron, which still directs courts to provide substantial weight to an agency’s interpretation of statutes, based on the agency’s expertise, procedural due process and consistency in the way it has implemented its authority in the past. Then there’s the Administrative Procedure Act, passed in 1946, after Skidmore but almost 40 years before Chevron, which directs courts to review rules under a relatively low bar requiring appellants to demonstrate that the agency has been arbitrary and capricious. So agency deference is not dead, it’s just no longer a slam dunk.

This is important to the future of commercial space precisely because we’ve never had a National Space Act. Congress has never passed a comprehensive statute clearly assigning authority to specific agencies to regulate commercial outer space development. Agencies have been left to cobble together their authority from enabling statutes that, in many instances, were crafted prior to the space age. And without clear congressional direction, agencies — some with sharp elbows — have crafted a regulatory regime for outer space that, as I wrote for Utah State University’s Center for Growth and Prosperity,  is full of “gaps, overlaps, and stovepipes.”

 Yes, the FCC has statutory authority over allocating and licensing spectrum for space communications. But the FCC wants to regulate major aspects of in-space servicing, assembly and manufacturing (ISAM) that go well beyond simply spectrum use. And the FAA has statutory authority over licensing launch and reentry of rockets. But the FAA wants to impose rules on rocket upper stages that will affect them after they obtain orbit, a domain over which Congress has explicitly denied the FAA authority. Finally, NIST has been tasked by the White House to develop a framework around government march-in rights on patents developed using government grants. Each agency was doubtless counting on courts to immunize these decisions from legal challenge under Chevron deference.

In April, TechFreedom filed comments at the FCC questioning their authority over ISAM operations. We also filed comments at the end of June questioning whether the FCC even has statutory authority to issue orbital debris rules. Last December, we warned the FAA that its authority over launch and reentry might not apply to what happens to upper stages left in orbit. All of these comments contemplated what might happen after Loper Bright.

Chief Justice Roberts’s opinion also implicates Congress in this inter-branch scrum. It is up to Congress to make clear what powers it is delegating to agencies. If it wants the agency to promulgate rules of a certain type, it needs to tell the agency to do so. And that’s exactly what Congress needs to do with regard to commercial outer space development. We need a National Space Act that clearly assigns regulatory authority to the relevant agencies, but also provides the necessary guardrails against agencies making overlapping, or worse, conflicting rules. Bills like H.R. 6131 are a good start but must be retooled after Loper Bright to better define agency rulemaking authority, when deference is appropriate, and how it should work. As I testified before the House Space Subcommittee last year:

Congress’s task is to find a balance on the continuum between “permissionless innovation” (where nearly anything goes), and the “precautionary principle” (where the government must micromanage and approve every activity by U.S. citizens in space). This is a hard, but necessary, task if we wish to continue to be leaders in the cislunar economy going forward.

Here’s hoping that Loper Bright prods Congress into action to provide a clear framework for commercial development and American leadership on the high frontier.

James E. Dunstan is Senior Counsel at TechFreedom and the founder of Mobius Legal Group, PLLC. He has more than 40 years of experience in administrative and outer space law.

>>> Read full article>>>
Copyright for syndicated content belongs to the linked Source : SpaceNews – https://spacenews.com/regulating-outer-space-after-loper-bright/

Tags: outerRegulatingscience
Previous Post

The Space Relayers: NASA’s latest bet on the private sector is starting to take shape

Next Post

Weight changes with common Antidepressants

Jacobson earns program’s first medal at U23 World Championships – nmuwildcats.com

Jacobson Breaks New Ground with Program’s First Medal at U23 World Championships

October 22, 2025
AHLA: Hotels generate $7B for Denver economy – Hotel Management

Hotels Drive Denver’s Economy to Soar by $7 Billion

October 22, 2025
AMC brings first new Dolby Experience to Gwinnett since 2017 – Wyoming News Now

AMC Launches First New Dolby Experience in Gwinnett Since 2017

October 22, 2025
UCare, other carriers dropping Medicare Advantage Plans, leaving 200K Minnesota seniors without health insurance – CBS News

UCare, other carriers dropping Medicare Advantage Plans, leaving 200K Minnesota seniors without health insurance – CBS News

October 22, 2025
With Israel-Hamas Cease-Fire, Some Pro-Palestinian Protesters Look Back at Their Movement, Ruefully – The New York Times

With Israel-Hamas Cease-Fire, Some Pro-Palestinian Protesters Look Back at Their Movement, Ruefully – The New York Times

October 21, 2025
Fusobacterium nucleatum : ecology, pathogenesis and clinical implications – Nature

Unveiling Fusobacterium nucleatum: Exploring Its Ecology, Disease Connections, and Health Impact

October 21, 2025
Escherichia coli with a 57-codon genetic code – Science | AAAS

Escherichia coli Engineered with a Revolutionary 57-Codon Genetic Code

October 21, 2025
LOCALIZE IT: Over 420 anti-science bills target public health protections in statehouses across US – newspressnow.com

More Than 420 Anti-Science Bills Jeopardize Public Health Across the Nation

October 21, 2025
Halloween not your thing? Here’s when Christmas at the Newport mansions will start. – The Providence Journal

Not a Halloween Fan? Find Out When Christmas Magic Begins at the Newport Mansions!

October 21, 2025
Office Technology: Dealers’ Managed IT Revenue up Nearly 30% – The Cannata Report –

Office Technology: Dealers’ Managed IT Revenue up Nearly 30% – The Cannata Report –

October 21, 2025

Categories

Archives

October 2025
M T W T F S S
 12345
6789101112
13141516171819
20212223242526
2728293031  
« Sep    
Earth-News.info

The Earth News is an independent English-language daily published Website from all around the World News

Browse by Category

  • Business (20,132)
  • Ecology (879)
  • Economy (901)
  • Entertainment (21,772)
  • General (17,729)
  • Health (9,942)
  • Lifestyle (913)
  • News (22,149)
  • People (901)
  • Politics (911)
  • Science (16,111)
  • Sports (21,400)
  • Technology (15,880)
  • World (884)

Recent News

Jacobson earns program’s first medal at U23 World Championships – nmuwildcats.com

Jacobson Breaks New Ground with Program’s First Medal at U23 World Championships

October 22, 2025
AHLA: Hotels generate $7B for Denver economy – Hotel Management

Hotels Drive Denver’s Economy to Soar by $7 Billion

October 22, 2025
  • About
  • Advertise
  • Privacy & Policy
  • Contact

© 2023 earth-news.info

No Result
View All Result

© 2023 earth-news.info

No Result
View All Result

© 2023 earth-news.info

Go to mobile version