On Friday, December 15 the California Coastal Commission considers two rocket launch projects located at Vandenberg Air Force Base. The public can submit comments beforehand and also speak in-person or via zoom at the meeting, which will be held in the city of Santa Cruz.
https://www.coastal.ca.gov/meetings/agenda/#/2023/12 (click on Friday tab)
To speak at the Friday meeting, click on the “Submit Speaker Request” at the top of the page by Thursday.
Item # 8. Federal Consistency
- b. Consistency Determination No. CD-0010-22 (United States Department of the Air Force, Santa Barbara County)–- Consistency determination by the United States Department of the Air Force for construction and use for up to 48 launches per year of a space launch complex for Phantom Space Company at former site of Space Launch Complex 5 on Vandenberg Space Force Base, Santa Barbara County (HW-SF)
- c. Negative Determination No. ND-0009-23 (U.S. Space Force, Santa Barbara County) –- Commission determination on 1) whether the Commission’s June 2023 concurrence with the U.S. Space Force’s Negative Determination (“ND”) for increases in space launch activities by Space Exploration Technologies Corporation [SpaceX] at Vandenberg Space Force Base (“federal activity”) remains valid due to substantially different effects on coastal uses or resources than originally described in the ND; 2) whether the federal activity’s substantially different effects on coastal uses or resources are still consistent to the maximum extent practicable with the enforceable policies of the California Coastal Management Program (“CCMP”); and 3) if the substantially different effects are found inconsistent to the maximum extent practicable with the enforceable policies of the CCMP, whether staff should prepare and send a letter to the U.S. Space Force requesting remedial actions
Background:
SpaceX
In June 2023, the Coastal Commission improperly approved SpaceX launches at Vandenberg AFB to increase from 6 per year to 36 per year. The proposal was not listed on the agenda as required by California law [1] but hidden in a staff report. In December, the Commission is now bringing back the SpaceX project for reconsideration for whether that approval remains valid and what actions it should take.
Phantom Space Company
The Phantom Space Company project was originally slated for a June 2023 hearing to consider 48 launches and 48 static fire engine tests per year but it was postponed. Now it is back for consideration.
The Coastal Commission has some jurisdiction over federal projects in the coastal zone, but it has limited itself by not considering the nature and scope of damage from these rocket launches and satellites to the coastal region (atmosphere, air, water, and land) and coastal resources, and by not taking into account the extensive environmental damage by both the Air Force over decades and now SpaceX. That includes toxics contamination, ozone layer damage, and climate change.
Written comments can be sent via the links in the agenda for these projects. Staff reports with project information are linked in the Friday agenda under item #8 Federal Consistency.
https://www.coastal.ca.gov/meetings/agenda/#/2023/12
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Original project documents from June 7 agenda under “Energy, Ocean Resources & Federal Consistency”
https://www.coastal.ca.gov/meetings/agenda/#/2023/6
SpaceX —
Item # 10 (inside Energy, Ocean Resources & Federal Consistency Report, pages 1, 8-12)
ND-0009-23, Increase in frequency of space launch operations by SpaceX at Vandenberg Space Force Base (Santa Barbara County)
Phantom Space Company —
Item #11A – Consistency Determination No. CD-0010-22 (United States Air Force, Santa Barbara Co.) charts and appendices linked in the report
Also at
https://documents.coastal.ca.gov/reports/2023/6/W11a/W11a-6-2023-report.pdf
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[1] California Government Code Section 11125(b) This is part of the code is known as the Bagley-Keene Open Meeting Act and applies to state agencies
(b) The notice of a meeting of a body that is a state body shall include a specific agenda for the meeting, containing a brief description of the items of business to be transacted or discussed in either open or closed session. A brief general description of an item generally need not exceed 20 words. A description of an item to be transacted or discussed in closed session shall include a citation of the specific statutory authority under which a closed session is being held. No item shall be added to the agenda subsequent to the provision of this notice, unless otherwise permitted by this article.
From the California Attorney General:
“In addition, at least ten days prior to the meeting, bodies must 7 prepare an agenda of all items to be discussed or acted upon at the meeting. (§ 11125(b)…The agenda needs to contain a brief description of each item to be transacted or discussed at the meeting, which as a general rule need not exceed 20 words in length. (§ 11125(b).) The agenda items should be drafted to provide interested lay persons with enough information to allow them to decide whether to attend the meeting or to participate in that particular agenda item.”
From the Department of Consumer Affairs:
“…General agenda items such as “New Business,” “Old Business,” “Executive Officer’s Report,” “Committee Reports,” “President’s Report,” “Miscellaneous,” etc., without specifying the particular matters thereunder, lack sufficient specificity to meet the standards of the Open Meeting Act and cannot be used to circumvent the notice requirement of a specific agenda. The Office of the Attorney General has opined that: “… the purpose of subdivision (b) [of Government Code Section 11125] is to provide advance information to interested members of the public concerning the state body’s anticipated business in order that they may attend the meeting or take whatever other action they deem appropriate under the circumstances. * * * “We believe that Section 11125 was and is intended to nullify the need for . . . guesswork or further inquiry on the part of the interested public.” (67 Ops.Cal.Atty.Gen. 85, 87). Items not included on the agenda may not be acted on or discussed, even if no action is to be taken by the agency.”
Free The Sky 