United States House Passes Legislation On Space Mining Rights

How will businesses determine property rights in space?

Thirty years ago, the idea of owning anything in space seemed far-fetched. Recently, though, private enterprises have shown an interest in developing space tourism and exploration opportunities. Keeping America at the forefront of space exploration and development also seems to be on the Congressional agenda. The U.S. House of Representatives recently passed the bipartisan SPACE Act, which addresses property rights, safety, civil action, resource rights and jurisdiction for commercial enterprises wishing to engage in outer space exploration.

The SPACE Act provides that whatever resources are obtained in outer space are the property of the entity that obtained them; in other words, businesses that do asteroid mining can keep the products of those efforts. The regulations could have a significant impact on business litigation in regards to developing outer space.

The SPACE Act allows the government to preserve the power to regulate and rule a potentially large private space industry within the Federal Aviation Administration (FAA), and protect United States citizens and our country’s foreign policy interests. The FAA also retains power to regulate safety for crewmembers and passengers aboard space flights.

Currently, the FAA grants licenses for commercial space launches and reentries. The FAA?s regulation power could expand depending on private enterprise?s growth and opportunities. Experts expect the FAA to consider outer space territory as a vast expanse in accordance with the 1967 Outer Space Treaty. The treaty considered a 125-mile area as a ?non-interference? zone for crewed ships.

While litigating space property rights might not be an immediate concern, business disputes are an all-too-common reality. The attorneys at Longman & Van Grack have extensive litigation experience and thorough knowledge of business and commercial law. We are committed to effectively defending your business interests. We have offices in Bethesda and Rockville, MD and serve clients throughout Maryland and Washington D.C. Contact us today at (301) 291-5027 for a consultation.