Decluttering the Orbital Commons: A Proposal for the Regulation of Privately Created Space Debris

Authors

• Rose W. Cobey, Southern Methodist University, Dedman School of LawFollow

Abstract

Space is one of the only resources shared by every person in every country at all times. The problem of space debris is therefore one that affects everyone living on our planet. Scientists and politicians have warned about crowding, collisions, and murky liability for decades, and each of these issues will only worsen without intervention. Space debris has caused damage on Earth since the Space Race, and it now endangers people and property in orbit. We are at an ever-increasing risk of building a wall around our planet and locking ourselves inside. In the last ten years, a new wrinkle has been added to the already complex problem: Private companies have overtaken governments as the biggest polluters, especially in the United States. Their profit motive, unsurprisingly, has not encouraged these companies to work more sustainably or with greater international forethought. Almost all current guidelines for debris mitigation are voluntary or otherwise lack enforcement power. However, the Environmental Protection Agency (EPA) has shown that a government agency can lead the charge to control emissions, bring leaders of industry to the table, and produce significant results. A bi-level cap-and-trade program, inspired by the EPA’s successful Acid Rain Program of 1990, offers a solution to the unchecked release of space debris by private companies in the United States.

Recommended Citation

Rose W. Cobey, Decluttering the Orbital Commons: A Proposal for the Regulation of Privately Created Space Debris, 91 J. Air L. & Com. 455 (2026)