SpaceX and the FAA on the same side for once, asking for Starship’s lawsuit thrown out

In a departure from historical precedent, SpaceX and the FAA find themselves in agreement as both parties file motions to have the lawsuit against Starship dismissed. This development comes as SpaceX prepares for additional rounds of pre-launch testing in Boca Chica.

This is the first significant news arising from the Starship-FAA lawsuit since SpaceX joined as a co-defendant earlier this year. However, the motion to dismiss was anticipated, with SpaceX denying all allegations against Starship regarding damage to the local ecosystem.

While acknowledging that dust and debris were spread from beneath the orbital launch mount, SpaceX points out that the FAA is conducting an investigation and still maintains that the lawsuit should be thrown out. The company also admits to the heat, light, and noise generated by Starship, with a humble brag by describing it as a “powerful rocket.”

The outcome of this motion will determine whether the judge dismisses the case outright or allows it to proceed to further deliberation.

For context, the FAA faced a lawsuit regarding the approval of Starship’s environmental assessment for launching from the Boca Chica site. This legal action was initiated by five cultural and conservation groups, with representation from the Center for Biological Diversity. The plaintiffs are suing both the FAA and FAA acting administrator Bill Nolan, who is being represented by the Department of Justice. On July 5, SpaceX was granted approval to join the case as a movant, advocating for a ruling in their favor.

Although the initial launch of the fully integrated Starship rocket on April 20 did not reach orbit, it successfully lifted off from the launch pad and cleared the tower. However, the rocket failed to separate its stages, leading to an uncontrolled trajectory. As a result, SpaceX had to terminate the flight by detonating the explosive charges on Starship.

Elon Musk has stated that over 1,000 changes have been made to the Starship vehicles since that flight. The most significant change involves implementing “hot staging” for the Starship second stage. Typically, during rocket staging, the first stage’s engines are shut down, followed by separation using mechanical or explosive mechanisms before igniting the second stage. In hot staging, the second stage is ignited immediately, which is expected to improve performance.

The fate of future Starship launches hinges on the outcome of this lawsuit. If the judge accepts the motion to dismiss, the lawsuit will be thrown out, allowing the launch license to remain in effect. However, if the judge rejects the motion and the lawsuit proceeds, there could be court-ordered injunctions on SpaceX’s license, resulting in delays to the Starship program for months or possibly longer.

While the court determines the fate of upcoming Starship flights, SpaceX continues to conduct tests and make progress. Modifications to the orbital launch mount have been implemented to prevent a recurrence of the April incident. Additionally, the next Starship vehicle has completed cryogenic fueling and static firing tests. The testing of the Super Heavy booster is awaiting the completion of the orbital launch mount modifications.