The FCC's Space Sustainability Conundrum: Can They Save the Planet?

As humanity ventures further into the unknown, the Federal Communications Commission (FCC) is faced with a daunting task: to mitigate the environmental harm caused by rising megaconstellations of satellites orbiting the Earth. But, a recent Supreme Court ruling has raised questions about the FCC's authority to take action. The U.S. Public Interest Research Group (PIRG) Education Fund has launched a petition, urging the FCC to review the environmental impact of low-Earth orbit (LEO) satellite internet launches. The petition is backed by prominent researchers and astronomers, who are concerned about the risks of not only orbital debris but also environmental harms caused by satellites de-orbiting into the atmosphere. "We're seeing a disposal crisis in space," says the PIRG Education Fund's campaign director, Lucas Gutterman. "Satellite internet mega-constellations require constant replacement and de-orbiting into our atmosphere. The federal government needs to develop a comprehensive approach to mitigate the environmental harms of these satellites."

The petition calls for satellite plans to undergo reviews under the National Environmental Policy Act (NEPA), a 1969 law that requires federal agencies to assess the environmental impacts of their actions. This move comes as a response to the FCC's reluctance to reexamine its environmental review process for large constellations. Despite the FCC's efforts to enforce more stringent orbital debris regulations, a recent Supreme Court ruling has cast uncertainty over the agency's space sustainability jurisdiction. The ruling struck down the principle of "Chevron deference," which gave agencies greater latitude in interpreting ambiguities in laws they enforced. While the FCC remains the logical agency to handle the risk of orbital debris, the Supreme Court decision has raised questions about the agency's authority to take action. Congress is likely to address this issue once it tackles the problem, but until then, the public has a crucial role to play in shaping the future of space exploration. "We're working to make this a kitchen-table issue," says Gutterman. "The public has not had a chance to weigh in, but it's essential that they do. The FCC needs to know that it can't let companies set the rules without considering the environmental impact."

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