How Orbital Data Centers May Test NEPA’s Reach, Law360

Partners Jared Wilkerson and Robert Bolgar-Smith and associate Heidi Rasmussen co-authored a Law360 Expert Analysis article about how proposals for large-scale orbital data centers could test the reach of the National Environmental Policy Act (NEPA) and the Federal Communications Commission’s (FCC’s) approach to environmental reviews.

The authors explored whether an FCC satellite license requires environmental review, whether NEPA can apply to federal decisions authorizing activities in outer space, and which environmental effects may be sufficiently connected to a licensing decision to require consideration. They noted that the outcome could affect licensing strategy, application timing, environmental records, and agency review for orbital data centers and other emerging commercial uses of space.

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