The Federal vs. Private Activity Debate
A central issue in this dispute is whether SpaceX's launches constitute federal or private activities. This distinction has significant regulatory implications:
- SpaceX and USAF's Stance: They argue that the launches are "federal agency activity" due to Starlink's capabilities and SpaceX's role in launching national security payloads. Under this interpretation, the USAF would only need to certify that the proposed launches align with state policy.