Viasat, Inc. v. Federal Communications Commission

47 F.4th 769 (2022)

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Viasat, Inc. v. Federal Communications Commission

United States Court of Appeals for the District of Columbia Circuit
47 F.4th 769 (2022)

  • Written by Angela Patrick, JD

Facts

SpaceX sought a license modification from the Federal Communications Commission (FCC) (defendant) to use satellites at a low altitude to expand broadband-internet service. Viasat, Inc. (plaintiff), a satellite competitor, and the Balance Group (plaintiff), an organization concerned about technology’s impact on the environment, objected, arguing that the National Environmental Policy Act (NEPA) required an environmental assessment before any modification could be approved. The FCC approved the modification without conducting the assessment. Viasat and the Balance Group appealed to the United States Court of Appeals for the District of Columbia Circuit. Viasat alleged three injuries: (1) SpaceX’s satellites might collide with space debris and cause that debris to damage a Viasat satellite orbiting at that altitude, (2) the low orbit of SpaceX’s satellites made it more difficult and expensive for Viasat to launch future satellites, and (3) improperly licensing a competitor harmed Viasat economically. Separately, the Balance Group alleged that the FCC’s determination had harmed the organization itself by forcing the organization to divert personnel and at least $10,000 in resources from other projects to conduct its own assessment of the environmental impact of SpaceX’s new activity. However, the group provided no information about its assessment activities and no other details about the diverted resources. In addition, the Balance Group asserted an injury claim on behalf of its individual members, but it provided no information regarding how its members participated in the organization. Before reaching the merits, the Sixth Circuit evaluated whether either plaintiff had standing to pursue its claims.

Rule of Law

Issue

Holding and Reasoning (Katsas, J.)

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