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 naturally dark, star-filled sky is an intrinsic part and critical aspect of the park or wilderness experience. Consequently, an effort to protect the beauty of the skies can, by inference, be considered to require the protection of the astronomical value of the skies. The National Space Traffic Management (STM) Policy articulates the principles for a safe, stable, and sustainable operational space environment.

The National Oceanic and Atmospheric Administration (NOAA) and the US Federal Aviation Administration (FAA) have recently revised their policies to take these STM principles into account, as did the US Federal Communications Commission (FCC) as part of their licensing considerations. There are three implications for licensing requirements. One is the precedent that these agencies can and do consider at least one aspect of in-orbit operations as a condition of licensing. Another is that aggregate effects can and should be taken into account, relevant to the cumulative impact of all orbital material in creating streaks of sunlight compromising observations, particularly for federally mandated missions like planetary defense. The third is that the FCC can pursue regulations that address perceived issues of the space environment without invoking or relying explicitly on environmental statutes like NEPA.

3.4.3. Orbit as Environment

Article III of the OST makes clear that States must carry out activities in outer space in accordance with international law. A 2018 report prepared by the Secretary General of the UN concluded that the prevention principle — the prevention of transboundary harm to the environment — is a well-established rule of customary international law. The UN report further concluded that the prevention principle creates a duty to undertake an Environmental Impact Assessment prior to engaging in activities which pose a risk of transboundary harm. As established by SATCON1, large satellite constellations create an environmental impact due to the light pollution generated as a result of the reflectivity factor of the spacecraft.

US law also considers the effect of human activity on the natural environment. A defensible argument is that NEPA is intended to cover all of Earth, its orbital environment and all other celestial bodies. The FAA construes NEPA broadly and indicates, among other things, that it recognizes light emissions as possibly in the environmental impact category. The FCC, which licenses satellite constellations, does not consider its licensing activities to require Environmental Impact Statements.

We note that the processes inherent to the application of NEPA address a concern articulated in the Community Engagement report. Consultation is required with impacted stakeholders, which could be extended to Indigenous communities with respect to their cultural relationship with natural dark skies. That process could then satisfy some expectations of the UN Declaration on the Rights of Indigenous Peoples (UNDRIP). We also note that the practical production of a full Environmental Impact Statement can be a costly and time-consuming endeavor, of concern to industry in a highly competitive environment.

3.4.4. Industry Perspective

The Industry Subgroup included discussants from SpaceX, Amazon/Kuiper, OneWeb and OneWeb/ Airbus, Telesat, AST & Science, and the Satellite Industry Association. The context was to ensure that satellite operators with a sense of corporate responsibility had access to sufficient insight into astronomical concerns, analytical tools and testing, and cross-industry collaboration for information sharing on mitigation techniques to enable them to develop satellite systems mindful of their effect on astronomy. The conclusions do not represent official corporate policy, but rather the continuation of needed technical discussion between industry and the astronomical/dark sky community. They are also an expression of industry intent to be responsive to the technical recommendations of SATCON1 to the extent that solutions are possible and practical, and to generate broader awareness of the impact of their operations on observations and practices dependent on a traditional dark sky.

The Industry Subgroup concluded that satellite operators were more likely to adopt voluntary practices or mitigation tools if they engaged with astronomers early in their project cycle, before spacecraft designs were finalized and when modifications to architectures, spacecraft design or operations could be introduced at less cost or schedule impact. Further, the group concluded that more work was required to ensure that analytical tools, test facilities and observational data are 11