BYE, CHEVRON: Supreme Court case could affect orbital debris mitigation rules.

There is no federal law that explicitly authorizes the FCC, or other agencies, to establish and enforce debris mitigation rules. The FCC has argued since it first adopted such rules two decades ago that its authority stems from the Communications Act of 1934, which directs the FCC to encourage “the larger and more effective use of radio in the public interest.” Orbital debris, the commission explained, can negatively affect that effective use of radio in the public interest, thus giving it the authority to enact rules to mitigate it.

Some, though, believe that might not be explicit enough now that Chevron deference is no longer in place. “That’s a pretty broad statement, and some would say it’s a leap to apply that to orbital debris for an agency that is supposed to be regulating communications,” said Jason Kim, chief of staff in the Office of Space Commerce, during a session at the recent AIAA ASCEND conference.

Yeah, I agree.