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Musk Threatens to Sue FAA Over SpaceX Fines, Claiming ‘Regulatory Overreach’

No stranger to lawsuits, Elon Musk is preparing to wage another legal battle, this time against the Federal Aviation Administration. 

On Tuesday, Musk tweeted that he would sue the agency, claiming the FAA is committing “regulatory overreach” and “lawfare” against SpaceX, or the act of using legal systems to damage his company.

The legal threat arrived hours after the FAA proposed fining SpaceX $633,009 for allegedly violating rules involving two Falcon 9 launches conducted last year. Although the penalty is relatively small, it intends to ensure SpaceX follows US safety regulations for future rocket launches. Musk alleges that partisan politics is driving the FAA’s decision-making. 

“I am highly confident that discovery will show improper, politically motivated behavior by the FAA,” he said in a follow-up tweet. In another post, Musk questioned FAA’s leadership, noting that another federal agency, NASA, has been relying on SpaceX’s rockets for its own missions. 

This comes a week after SpaceX criticized US government regulations for delaying its next Starship launch to late November amid allegations that the company is sidestepping environmental protection rules. 

Musk’s legal threat may end up sputtering out in court like some of his other lawsuits. But there’s still a chance he could get his way over time. Former President Donald Trump said earlier this month he plans on appointing Musk to run a “government efficiency commission,” if he wins reelection in November.  

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The FAA, which operates under the Department of Transportation, didn’t immediately respond to a request for comment. But the agency previously told PCMag it needs to conduct a more “in-depth review” of the next Starship flight due to changes SpaceX is making for the launch. 

“In addition, SpaceX submitted new information in mid-August detailing how the environmental impact of Flight 5 will cover a larger area than previously reviewed. This requires the FAA to consult with other agencies,” the agency said.

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About Michael Kan

Senior Reporter

Michael Kan

I’ve been working as a journalist for over 15 years—I got my start as a schools and cities reporter in Kansas City and joined PCMag in 2017.


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