Elon Musk’s SpaceX sues California agency for political bias

Elon Musk’s SpaceX is suing a California agency that rejected his company’s plan to increase rocket launches from an Air Force base in Santa Barbara County, arguing that commissioners engaged in political bias while making the decision.

Attorneys from Los Angeles-based law firm Venable LLP filed the complaint against the California Coastal Commission in Los Angeles federal court on Tuesday, days after Musk threatened in a weekend post on X to take legal action against the agency.

The lawsuit argues that the agency’s 12-member commission “engaged in naked political discrimination” during last week's debate on a Department of Defense proposal to expand the number of SpaceX rocket launches at Vandenberg Space Force Base from 36 to 50.

“Rarely has a government agency made so clear that it was exceeding its authorized mandate to punish a company for the political views and statements of its largest shareholder and CEO,” the suit says.

The lawsuit names the commission and its executive director Kate Huckelbridge, the 12 sitting commissioners and alternate commissioner Gretchen Newsom.

The agency’s commissioners, appointed by the governor and legislative leaders, voted 6-4 on Thursday to reject the Air Force's plan for increased launches over concerns that all SpaceX activity would be considered military operations.

That determination would shield the company from having to acquire its own permits as a private company, despite the vast majority of launches not including military payloads.

The hourslong debate prior to the vote, however, veered into a discussion about Musk’s political rhetoric, his support for former President Donald Trump, his comments about transgender people and his companies’ labor records.

“Elon Musk is hopping about the country, spewing and tweeting political falsehoods and attacking FEMA while claiming his desire to help the hurricane victims with free Starlink access to the internet,” Newsom, who isn’t related to Gov. Gavin Newsom, said at the meeting in San Diego.

Newsom and Commission Chair Caryl Hart both voted to reject the plan after condemning Musk’s conduct. Commissioners Mike Wilson and Justin Cummings also expressed concerns about Musk himself or SpaceX's labor practices, but ultimately voted in favor of the launch increase.

Agency staff declined to comment. Hart said the commissioners' comments were unrelated to the vote.

"Many things are said in the course of meetings, whether it's a Coastal Commission meeting, whether it's a legislative meeting, whether it's a planning department,” she said in an interview Tuesday. “The basis for this decision is the commission's conclusion that SpaceX, as a private company engaged in private activities, needs to apply for a coastal development permit.”