Satellite Operators Urge FCC to Exempt Them From NEPA Review

WASHINGTON, Sept. 19, 2025 – Satellite operators have asked the Federal Communications Commission to exempt their operations entirely from environmental review. Scientists and state attorney generals said Thursday that would be a dangerous precedent.

“The proposal to exclude satellite operations from NEPA review ignores the substantial, well-documented effects that satellite operations have within the U.S.,” the American Astronomical Society told the FCC. “Launches [and reentries] can deposit metal vapor into the atmosphere with potential climate and air quality effects. Uncontrolled reentries carry a risk of debris landing on U.S. soil.”

At the center of debate was a rulemaking the FCC adopted in August to overhaul how it complies with the National Environmental Policy Act and the National Historic Preservation Act. The draft plan asked whether the FCC should broaden categorical exclusions so that most spectrum licenses, satellite operations, and wireless infrastructure projects avoid detailed review.

A coalition of satellite operators – AST SpaceMobile, Globalstar, Iridium, Ligado, Planet, SES, Spire, Telesat – along with individual comments from SpaceX and Amazon's Project Kuiper, asked the FCC on Thursday to exempt satellite operations from NEPA arguing that space was legally ‘extraterritorial’ and outside the scope of U.S. environmental law. 

That drew fire from a coalition of 17 state AGs and the District of Columbia, which argued the FCC cannot ignore the environmental consequences of launch emissions, reentry debris, light pollution, reflections, and orbital congestion.

The state AGs went on to argue that the FCC’s proposal was procedurally flawed and legally overreaching, saying the FCC’s notice contained only broad questions and no draft rule text, a violation of the Administrative Procedure Act that will require a further notice before any final rule can be adopted. 

Proceeding steps from CTIA petition on geographic licenses

The FCC’s proceeding stems from a March petition by wireless industry group CTIA, which urged the FCC to declare that issuing geographic area licenses – authorizations that let carriers deploy cell towers and other equipment anywhere within a defined region – does not constitute a “major federal action” under NEPA.

The attorneys general urged the FCC to recognize that geographic area and site-based licenses were clearly “major federal actions” under NEPA and “undertakings” under the NHPA. And they reminded the FCC it remains bound by a 2008 D.C. Circuit ruling that requires public notice of tower registrations so environmental review can occur.

State historic preservation officers in Connecticut, Delaware, Georgia, Idaho, Michigan, New Jersey, Rhode Island, Virginia, and Wisconsin, also pushed back in filings to the FCC. The Virginia Department of Historic Resources told the FCC that wireless builds “by definition” constitute federal undertakings triggering NHPA review.

Tribal governments warned changes to the FCC’s process could erode consultation required under NHPA.

The Organized Village of Kasaan, a federally recognized Tribal government on Prince of Wales Island in Alaska, urged the FCC to reject CTIA’s petition and keep geographic licenses subject to both NEPA and NHPA review, saying “past infrastructure projects have disrupted salmon spawning grounds and crab habitats, which are central to our food security and cultural practices.”

The Pit River Tribe in California’s northern Sierra and Cascade region emphasized the FCC’s efforts “must not come at the expense of meaningful tribal engagement and the protection of Tribal cultural resources.”

“A balanced approach is essential-one that supports national infrastructure deployment while upholding the federal government's trust responsibility to Tribal Nations,” wrote the Pit River Tribe. “Any effort to expedite permitting must maintain strong consultation standards to ensure that Tribal Nations can fully exercise their sovereign right to protect sacred sites, cultural heritage, and lands.”

CTIA calls NEPA 'one of the biggest obstacles to building'

Wireless trade groups CTIA, the Wireless Infrastructure Association, and WISPA lined up in support of the rulemaking that could allow them to more freely build 5G small cells and towers.

“As Chairman [Brendan Carr] has recognized, the NEPA process has become ‘one of the biggest obstacles to building in America,’ and commonsense reforms are needed ‘to expedite and simplify permitting processes and clear the way for new infrastructure builds,’” CTIA wrote. 

“CTIA agrees and strongly supports expeditious action on the NPRM’s proposals, which are in keeping with efforts by the Chairman, Congress, and the Administration to streamline permitting and with recent Supreme Court precedent,” CTIA’s filing states.

Reply comments are due October 3, after which the FCC will begin drafting a final rule.