Pressure is mounting on the Federal Communications Commission to do more to protect the environment from rising megaconstellations, even as a Supreme Court ruling casts uncertainty on its authority to mitigate orbital debris risks.
The U.S. Public Interest Research Group (PIRG) Education Fund, a research and advocacy nonprofit, launched a public petition in early August to pause low-Earth orbit (LEO) satellite internet launches until the FCC reviews their environmental impact.
The petition joined a report from the nonprofit covering the risks of not only out-of-control orbital debris but also environmental harms to the atmosphere from satellites de-orbiting as planned at the end of life.
“We’re particularly concerned with the disposability of satellite internet mega-constellations that require constant replacement and de-orbiting into our atmosphere,” U.S. PIRG Education Fund campaign director Lucas Gutterman said via email.
“The federal government needs to develop a comprehensive approach to mitigating the environmental harms of satellite internet megaconstellations, including orbital debris.”
Specifically, the petition calls for satellite plans to require reviews under the National Environmental Policy Act (NEPA), a 1969 law mandating federal agencies assess the environmental impacts of their actions.
The petition comes two years after a U.S. appeals court shot down Viasat’s attempt to force an environmental review on the expansion plans of broadband rival SpaceX, which now has more than 6,300 satellites in LEO and counting.
Viasat had argued that the NEPA exemption was implemented decades before debris and other environmental risks posed by massive constellations could come to light.
“The agency’s avoidance of responsibilities under the National Environmental Policy Act means it might not have the capacity or expertise to oversee the new space race,” Gutterman said.
While the FCC has not reexamined its environmental review process for large constellations, the regulator has made important strides to enforce more stringent orbital debris regulations.
Rules requiring operators to de-orbit new satellites within five years of their missions, instead of 25 years, are due to take effect in September.
What power?
However, a Supreme Court ruling in June struck down a principle widely known as “Chevron deference,” which gave agencies greater latitude in interpreting ambiguities in laws they enforced.
The move has raised questions over the FCC’s space sustainability jurisdiction without a federal law that explicitly authorizes it or other agencies to establish and enforce debris mitigation rules.
Still, the FCC is seen as the logical agency to handle the risk of orbital debris.
If courts rule that the FCC has not been granted the authority, Congress will likely address this once it gets around to tackling the issue.
“Of course, Congress may take longer than we’d like,” said Armand Musey, president of the Summit Ridge Group consultancy, “but Congress will get to it because comprehensively addressing space junk will likely take additional resource allocations for the FCC and potentially other agencies.”
Look up
Gutterman said prominent researchers and astronomers have signed its petition so far, but declined to provide the total number of signatures because its outreach efforts had just begun.
“Mostly the public is still unaware of this issue,” he said, “the industry has moved faster than the public or regulators have been able to keep up.”
However, he warned researchers need more time to understand the long-term effects of launching a proposed 58,000 satellites in LEO by 2030.
“We’re working to make this a kitchen-table issue because the public has not had a chance to weigh in,” he added.
“Our efforts are about building … awareness and support to show regulators that they can’t let the companies which are the first to launch set the rules.”
The nonprofit is targeting the FCC after its research showed 70% of all satellite launches in 2023 were for U.S.-based Starlink.
“As the global leader in satellite mega-constellations, if the U.S. doesn’t set high standards for environmental responsibility, why would any other country?” he said.
Others contend that operators from other countries potentially pose a larger risk, such as China, where the commitment to avoid space debris is less clear.
Musey said an international treaty, perhaps similar to the Antarctic Treaty for preserving that continent’s environment, will ultimately be needed.
This article first appeared in the September 2024 issue of SpaceNews Magazine.
