In a recent JDSupra post, I discussed how the NEPA process has historically affected operations at U.S. spaceports and examined how two recent White House executive orders, which roll back the NEPA process and encourage rapid growth of the U.S. space industry, might influence descendants of David Bowie’s astronaut, Major Tom, as well as future space missions.
On September 2nd, the Federal Aviation Administration (FAA) announced the release of a 116-page Final Environmental Assessment (EA) and a Mitigated Finding of No Significant Impact / Record of Decision (FONSI/ROD) for SpaceX Falcon 9 operations at Space Launch Complex (SLC)-40, Cape Canaveral Space Force Station, Florida. The Final EA and Mitigated FONSI/ROD are available HERE.
SpaceX now has regulatory approval to expand three key aspects of its operations significantly. The FAA reviewed the environmental impact of increasing the launch rate at Cape Canaveral Space Force Station’s SLC-40. The new limit is now 120 launches per year—more than double the previous cap of 50. The EA also supports SpaceX building and operating a dedicated booster rocket landing pad next to SLC-40, allowing up to 34 Falcon 9 first-stage boosters to return directly to the launch site. This reduces dependence on offshore drone ships and other landing facilities. Finally, the FAA outlined temporary restrictions on nearby airspace and sea space to ensure safety, taking into account the effects on air traffic, local communities, and safety during launch and landing activities.
Why it Matters
The FAA approved these activities “with mitigation conditions,” meaning SpaceX must implement specific protective measures to ensure environmental impacts are below the threshold of “significant.” By issuing a Mitigated FONSI, the FAA determined that a full environmental impact statement (EIS) was not necessary. This sets an important procedural precedent for managing high-cadence rocket launch operations - defined as frequent launches and recoveries - at Cape Canaveral and potentially at other U.S. spaceports. The close coordination with the Department of the Air Force (Space Launch Delta 45), acting as a cooperating agency, further demonstrates federal willingness to rely on a streamlined EA process when effective mitigations are in place, rather than defaulting to a full EIS for spaceport expansions.
More broadly, the FAA’s use of an EA with a Mitigated FONSI establishes a model for other large federal projects with similar environmental footprints. By refining existing analyses of comparable actions and tailoring them to site-specific conditions, agencies can expedite environmental review, reduce administrative costs, and still ensure environmental protections. This balance between efficiency and accountability may influence how federal agencies approach high-frequency or infrastructure-intensive projects beyond the space sector.
Environmental Protections in the FONSI/ROD
Here’s a brief summary of SpaceX and the U.S. Space Force commitments to keep environmental impacts at Cape Canaveral SLC-40 below “significant” levels:
Biological Resources
• Pre-construction surveys for protected species (e.g., eastern indigo snake, Florida scrub-jay, gopher tortoise).
• Seasonal restrictions on vegetation clearing and construction to avoid nesting and breeding seasons for birds and bats.
• Landing zones and support facilities in locations that minimize the loss of high-value scrub, wetlands, and beach-mouse habitat.
• Relocation of protected wildlife found in construction areas.
Lighting and Sea Turtle Protection
• New and existing lighting fixtures that meet USFWS sea-turtle-safe lighting criteria (low-wavelength, shielded, downward-facing).
• A facility lighting management plan updated and approved by USFWS before new pad/landing zone operations. • Sea turtle monitoring during nesting season, with reporting and adaptive lighting adjustments if disorientation of nesting females and hatchlings occurs.
Noise, Sonic Booms, and Human Exposure
• Launch/landing noise modeling thresholds enforced with off-base exposure remaining below 65 decibel day-night average sound level (dB DNL).
• Operations demonstrate that sonic boom shockwaves are not expected to damage structures outside the base.
• Airspace closures and safety notices coordinated with local communities in advance to minimize disruption.
Water Resources and Wastewater
• Deluge water containment and retention basins sized to capture up to ~160,000 gallons to prevent runoff into surface waters.
• Industrial wastewater management that includes recycling and treatment protocols for deluge water and other discharges.
• Stormwater permits that comply with state/Federal NPDES requirements.
Marine Species
• NMFS consultation as part of launch/landing activities to confirm “not likely to adversely affect” determinations for sea turtles, manatees, and marine mammals.
• Immediate removal of debris from nearshore waters after splashdowns or aborted landings.
• Vessels adhere to speed and distance restrictions near marine mammals during rocket and debris recovery operations.
Hazardous Materials and Waste
• Rocket RP-1 and LOX fuel handling and storage plans state/federal spill prevention protocols.
• Hazardous waste storage plans comply with state/federal RCRA requirements.
• Emergency response plans updated to reflect the increased launch cadence.
Cultural Resources
• Work stoppage when archaeological/cultural materials are found during construction activities.
Airspace and Public Safety
• Coordination of airspace launch and landing restrictions with the FAA and others.
• Launch and landing hazard areas are communicated in advance to mariners and aviators.
Practical Significance Going Forward
The FAA’s EA and Mitigated FONSI/ROD streamlines operational planning for well-understood rocket systems like the Falcon 9. Environmental mitigation measures, surveys, and monitoring are now clearly spelled out for SpaceX and Cape Canaveral Space Force Station. For other spaceports aiming for high cadence Falcon-class rocket operations, the FAA’s decision can guide the management of off-site impacts, wildlife protections, stormwater and flood control, and nearby airspace and sea traffic.
The outlook is less clear for federal environmental reviews at spaceports involving larger, riskier rocket systems like SpaceX’s Starship. This is because the potential environmental impacts on air quality, nearby communities, noise, protected wildlife, and sensitive habitats are more significant and uncertain than for Falcon 9. We’ll learn more when the results of the final EIS process for SpaceX's Starship rocket operations at Kennedy Space Center’s Launch Complex 39A become available. The draft EIS is available HERE.