Richard J Wenning, Wenning Environmental LLC, Portland, Maine, US
Published on JD Supra, 27 August 2025
ABSTRACT:
David Bowie, Star Trek, and SpaceX. What do they have in common? Each mission departs from Earth. What’s likely different, however, is how the NEPA process and environmental impact assessments, in particular, apply to the launches and space operations involved in their trips to outer space. The intersection of the expanding U.S. space industry with environmental regulations under the National Environmental Policy Act (NEPA) is under review, prompted by the White House August 2025 Executive Order aimed at streamlining environmental reviews for commercial space activities. The order authorizes the Department of Transportation, the Council on Environmental Quality, and other federal agencies and departments to expedite assessments, apply or create new categorical exclusions, and resolve potential conflicts with state-level coastal management requirements. The EO has sparked debate about whether such regulatory easing favors industry growth over environmental protection. Historically, environmental assessments have influenced launch operations at major U.S. spaceports – Vandenberg, Boca Chica, and Cape Canaveral. While NEPA reviews have been criticized for delaying or complicating some federally funded projects, environmental assessments are essential for balancing the ambitions of the space industry with environmental safeguards on Planet Earth.
