Void in Space: How Loper Bright and the Major Questions Doctrine Affect the Federal Communications Commission’s Regulatory Authority of Orbital Debris

Authors

• Hernan Valles, Southern Methodist University, Dedman School of LawFollow

Abstract

Since the dawn of the space race, countries have been reaching for the stars. Recently, companies have joined the race. The space race and technological advancement of near-Earth orbital satellites have caused a buildup of debris in near-Earth orbit. The exponential increase of orbital debris in Earth’s orbit threatens the environmental system of the planet, the safety of astronauts aboard the International Space Station, the structure of other spacecraft, and modern economies relying on operational satellites to provide rapid communication, navigation, and weather forecasting information.

Yet there is a void among U.S. regulators in setting rules that mitigate orbital debris in near-Earth orbital space. Currently, there is no designated agency clearly responsible for keeping space clean. In 2018, the President of the United States released the National Space Traffic Management Policy (NSTMP), demanding inter-agency collaboration to improve the United States’ orbital debris mitigation policy. However, there is still no agency with direct authority to combat orbital debris. The Federal Communications Commission (FCC) has extended its power on the licensure of orbital satellites to regulate orbital debris. The FCC has promulgated several rules about the disposal of orbiting satellite equipment. The FCC has construed its enacting statutes to mean that it is “necessary or desirable in the public interest” to regulate orbital debris. The FCC has used a similar “public interest” argument to expand its authority beyond the simple licensure of broadcasting rights to include security risks from foreign threats. Courts have looked the other way in the FCC’s authoritative expansion because of the FCC’s Chevron deference in interpreting its power in the “public interest.”

This paper will argue that, after Loper Bright’s overturn of the Chevron doctrine, the FCC does not have congressional authority to promulgate rules regulating orbital debris.

Recommended Citation

Hernan Valles, Void in Space: How Loper Bright and the Major Questions Doctrine Affect the Federal Communications Commission’s Regulatory Authority of Orbital Debris, 91 J. Air L. & Com. 83 (2026)