SpaceX will be able to continue launching Starlink 2.0 satellites – the court rejected Dish’s lawsuit

The US Court of Appeals for the District of Columbia Circuit rejected claims by satellite television operator Dish Network and the non-profit organization DarkSky International, which demanded the cancellation of the US Federal Communications Commission (FCC) permission to launch second-generation Starlink telecommunications satellites into orbit, PCMag reported.

Image source: starlink.com

In the lawsuit, filed in January 2023, Dish argued that the FCC ignored evidence that the second-generation Starlink satellites “exceed power flux density limits” and could potentially cause radio interference that would negatively impact the quality of satellite television services.

In a ruling issued last Friday, the appeals court said the FCC did not need to consider Dish’s evidence, which falls into the category of pro-company analysis rather than “smoking gun evidence” showing the actual risks of using the next generation of Starlink satellites. The court also did not uphold Dish’s contention that the FCC acted improperly. “The Commission’s decision to license SpaceX Gen2 Starlink satellites was legal and reasonable. Therefore, we dismiss Dish’s appeal,” the court decision stated.

The court reached a similar conclusion regarding DarkSky’s lawsuit, which required the FCC to conduct an extensive environmental review of the Starlink Gen2 satellites before receiving regulatory approval. DarkSky said the FCC “failed to adequately respond to a report showing that SpaceX’s satellite system would cause significant atmospheric effects from rocket launches and reentries, as well as light pollution from orbiting satellites” that would harm professional and amateur astronomy.

The court ruled that the FCC’s decision was reasonable because the commission relied on the findings of two European Space Agency studies. “In sum, we reject DarkSky International’s claims because the FCC’s determination that Gen2 Starlink would not have a significant environmental impact was considered, reasonably explained, and consistent with the commission’s legal obligations,” the judges wrote.

«Good news for satellite services,” FCC Commissioner Brendan Carr commented on social network X about the court decision.