A draft executive order being circulated among federal agencies, and viewed by ProPublica, directs Secretary of Transportation Sean Duffy to “use all available authorities to eliminate or expedite” environmental reviews for launch licenses. It could also, in time, require states to allow more launches or even more launch sites — known as spaceports — along their coastlines.
The order is a step toward the rollback of federal oversight that Musk, who has fought bitterly with the Federal Aviation Administration over his space operations, and others have pushed for. Commercial rocket launches have grown exponentially more frequent in recent years.
Critics warn such a move could have dangerous consequences.
“It would not be reasonable for them to be rescinding regulations that are there to protect the public interest, and the public, from harm,” said Jared Margolis, a senior attorney for the Center for Biological Diversity, a nonprofit that works to protect animals and the environment. “And that’s my fear here: Are they going to change things in a way that puts people at risk, that puts habitats and wildlife at risk?”
The White House did not answer questions about the draft order.
“The Trump administration is committed to cementing America’s dominance in space without compromising public safety or national security,” said White House spokesperson Kush Desai. “Unless announced by President Trump, however, discussion about any potential policy changes should be deemed speculation.”
The order would give Trump even more direct control over the space industry’s chief regulator by turning the civil servant position leading the FAA’s Office of Commercial Space Transportation into a political appointment. The last head of the office and two other top officials recently took voluntary separation offers.
The order would also create a new adviser to the transportation secretary to shepherd in deregulation of the space industry.
The draft order comes as SpaceX is ramping up its ambitious project to build a reusable deep-space rocket to carry people to Earth’s orbit, the moon and eventually Mars. The rocket, called Starship, is the largest, most powerful ever built, standing 403 feet tall with its booster. The company has hit some milestones but has also been beset by problems, as three of the rockets launched from Texas this year have exploded — disrupting air traffic and raining debris on beaches and roads in the Caribbean and Gulf waters.
The draft order also seeks to restrict the authority of state coastal officials who have challenged commercial launch companies like SpaceX, documents show. It could lead to federal officials interfering with state efforts to enforce their environmental rules when they conflict with the construction or operation of spaceports.
Derek Brockbank, executive director for the Coastal States Organization, said the proposed executive order could ultimately force state commissions to prioritize spaceport infrastructure over other land uses, such as renewable energy, waterfront development or coastal restoration, along the coastline. His nonprofit represents 34 coastal states and territories.
“It’s concerning that it could potentially undermine the rights of a state to determine how it wants its coast used, which was the very fundamental premise of the congressionally authorized Coastal Zone Management Act,” he said. “We shouldn’t see any president, no matter what their party is, coming in and saying, ‘This is what a state should prioritize or should do.’”
SpaceX is already suing the California Coastal Commission, accusing the agency of political bias and interference with the company’s efforts to increase the number of Falcon 9 rocket launches from Vandenberg Space Force Base. The reusable Falcon 9 is SpaceX’s workhorse rocket, ferrying satellites to orbit and astronauts to the International Space Station.
The changes outlined in the order would greatly benefit SpaceX, which launches far more rockets into space than any other company in the U.S. But it would also help rivals such as Jeff Bezos’ Blue Origin and California-based Rocket Lab. The companies have been pushing to pare down oversight for years, warning that the U.S. is racing with China to return to the moon — in hopes of mining resources like water and rare earth metals and using it as a stepping stone to Mars — and could lose if regulations don’t allow U.S. companies to move faster, said Dave Cavossa, president of the Commercial Space Federation, a trade group that represents eight launch companies, including SpaceX, Blue Origin and Rocket Lab.
“It sounds like they’ve been listening to industry, because all of those things are things that we’ve been advocating for strongly,” Cavossa said when asked about the contents of the draft order.
Cavossa said he sees “some sort of environmental review process” continuing to take place. “What we’re talking about doing is right-sizing it,” he said.
He added, “We can’t handle a yearlong delay for launch licenses.”
The former head of the FAA’s commercial space office said at a Congressional hearing last September that the office took an average of 151 days to issue a new license during the previous 11 years.
Commercial space launches have boomed in recent years — from 26 in 2019 to 157 last year. With more than 500 total launches, mostly from Texas, Florida and California, SpaceX has been responsible for the lion’s share, according to FAA data.
But the company has tangled with the FAA, which last year proposed fining it $633,000 for violations related to two of its launches. The FAA did not answer a question last week about the status of the proposed fine.
SpaceX, Blue Origin, Rocket Lab and the FAA did not respond to requests for comment.
Currently, the FAA’s environmental reviews look at 14 types of potential impacts that include air and water quality, noise pollution and land use, and provide details about the launches that are not otherwise available. They have at times drawn big responses from the public.
When SpaceX sought to increase its Starship launches in Texas from five to 25 a year, residents and government agencies submitted thousands of comments. Most of the nearly 11,400 publicly posted comments opposed the increase, a ProPublica analysis found. The FAA approved the increase anyway earlier this year. After conducting an environmental assessment for the May launch of SpaceX’s Starship Flight 9 from Texas, the FAA released documents that revealed as many as 175 airline flights could be disrupted and Turks and Caicos’ Providenciales International Airport would need to close during the launch.
In addition to seeking to cut short environmental reviews, the executive order would open the door for the federal government to rescind sections of the federal rule that seeks to keep the public safe during launches and reentries.
The rule, referred to as Part 450, was approved during Trump’s first term and aimed to streamline commercial space regulations and speed approvals of launches. But the rule soon fell out of favor with launch companies, which said the FAA didn’t provide enough guidance on how to comply and was taking too long to review applications.
Musk helped lead the charge. Last September, he told attendees at a conference in Los Angeles, “It really should not be possible to build a giant rocket faster than paper can move from one desk to another.” He called for the resignation of the head of the FAA, who stepped down as Trump took office.
Other operators have expressed similar frustration, and some members of Congress have signaled support for an overhaul. In February, Rep. Brian Babin, R-Texas, and Rep. Zoe Lofgren, D-Calif., signed a letter asking the Government Accountability Office to review the process for approving commercial launches and reentries.
In their letter, Babin and Lofgren wrote they wanted to understand whether the rules are “effectively and efficiently accommodating United States commercial launch and reentry operations, especially as the cadence and technological diversity of such operations continues to increase.
The draft executive order directs the secretary of transportation to “reevaluate, amend, or rescind” sections of Part 450 to “enable a diversified set of operators to achieve an increase in commercial space launch cadence and novel space activities by an order of magnitude by 2030.”
The order also directs the Department of Commerce to streamline regulation of novel space activity, which experts say could include things like mining or making repairs in space, that doesn’t fall under other regulations.
