Elon Musk Faces New Challenger: The California Coastal Commission

California's coastal protection agency has a track record of engaging in confrontations with influential and wealthy interests.

Elon Musk Faces New Challenger: The California Coastal Commission
LOS ANGELES — What do tech billionaire Elon Musk, Hollywood producer David Geffen, and U2 guitarist The Edge share in common? They have all had conflicts with the California Coastal Commission.

This week, Musk targeted the agency after it rejected his aerospace company’s proposal to increase rocket launches off the California coast, a decision that included mention of his support for former President Donald Trump.

Musk has faced off with many government officials in the past, but this instance marks the first time that members of an agency have referenced his political affiliations while considering his business interests. Given the commission's history of dealing with affluent waterfront property owners, it appears well-equipped to confront Musk.

Nonetheless, facing off against one of the world’s wealthiest individuals—who also possesses significant social media influence—will undoubtedly challenge the California panel.

The agency’s chair, Caryl Hart, has extensive experience interacting with celebrities as the spouse of Grateful Dead drummer Mickey Hart. She expressed her reservations about Musk during a recent hearing. “We’re dealing with a company, the head of which has aggressively injected himself into the presidential race, and he’s managed a company in a way ... that I find to be very disturbing," said Hart, who leads the board composed of 12 appointed commissioners. She sided with the majority in rejecting the Defense Department's request on behalf of Musk’s SpaceX to increase the number of satellite launches from Vandenberg Space Force Base from 36 to 50 annually.

Vandenberg occupies a significant stretch of land along the Pacific Ocean, roughly an hour north of Santa Barbara. Commissioners have raised concerns about how the increased launches might affect local wildlife, such as snowy plovers, as well as visitors enjoying nearby Jalama Beach.

For decades, California’s elected officials have empowered the agency to safeguard the state's 840-mile coastline, in keeping with a 1972 law aimed at preserving public access to the shoreline. This mandate has placed the agency’s 12 commissioners, appointed by the governor and legislative leaders, at the forefront of disputes with some of the state's wealthiest residents.

One of the commission’s notable clashes was with David Evans, known as U2 guitarist The Edge, over plans to construct a complex of five mansions in the Malibu hills, 1,000 feet above the ocean. Evans employed numerous lawyers, lobbyists, and environmental consultants in his efforts to sway the commission, whose former executive director Peter Douglas remarked he had “never seen a project as environmentally devastating as this one.” Ultimately, Evans secured approval for a smaller and less conspicuous structure, which was later nullified following lawsuits from environmental groups.

Additionally, the commission clashed with film and record titan Geffen for over 20 years regarding access to a beach area in front of his Malibu estate that had been fenced off. In 2007, Geffen reached a settlement with the agency that allowed him to retain a deck and staircase considered intrusive to public space, in exchange for reopening the beach and paying $125,000 to construct a path linking the beach to a nearby walkway.

The commission continues to contend with Silicon Valley venture capitalist Vinod Khosla, even after 15 years of litigation following his acquisition of 53 acres in San Mateo County. Khosla erected a gate blocking the sole road leading to a local surfing beach, and a lawsuit initiated by the agency in 2020 is scheduled for trial in April, following a judge's dismissal of Khosla's attempt to have the case thrown out.

Some commission members have their own connections to celebrity culture. Dayna Bochco, a board member since 2011, was married to Steven Bochco, the creator of iconic TV series such as "Hill Street Blues," "LA Law," "NYPD Blue," and "Doogie Howser."

“Many have tried to bend the commission in order to favor the wealthy and the powerful and have failed," stated Warner Chabot, executive director of the San Francisco Estuary Institute, an environmental research organization focused on aquatic ecosystems.

What distinguishes this situation is the commission's pronounced foray into national political discourse. “The Coastal Commission normally is not involved in any way in national politics or anything of that nature,” Hart mentioned. “Our focus is on the coastal zone and protection of coastal resources.”

Musk’s lawsuit, lodged in federal court in Los Angeles County, alleges that the agency violated the First Amendment's prohibition against government discrimination based on political speech. “The Coastal Commission has one job — take care of the California coast,” Musk remarked on X on Tuesday. “It is illegal for them to make decisions based on what they think are my politics.”

Hart defended the commission's integrity, asserting that “Many things are said in the course of meetings—whether it's a Coastal Commission meeting, whether it's a legislative meeting, whether it's a planning department. The basis for this decision is the commission's conclusion that SpaceX, as a private company engaged in private activities, needs to apply for a coastal development permit.”

Agency staff, who had recommended approval of the DOD's application, opted not to comment on the situation.

This development illustrates the agency's determination to stand firm against both the military and Musk’s SpaceX, as well as to challenge other political figures. A bipartisan group of federal and state lawmakers encouraged the commission to endorse the proposal prior to the vote.

Governor Gavin Newsom, who, along with state legislative leaders, appoints the agency's commissioners and alternates, acknowledged its influence on Monday. "I'm not the dictator," he said in response to a query regarding whether he would direct another state agency to act on an unrelated issue. "Just ask the Coastal Commission."

Some commissioners focused on Musk’s political rhetoric, along with his comments about transgender people and labor practices. “Elon Musk is hopping about the country, spewing and tweeting political falsehoods and attacking FEMA while claiming his desire to help the hurricane victims with free Starlink access to the internet,” said Gretchen Newsom, an alternate commissioner filling in for an absent member. Musk included her name in his lawsuit, alongside the 12 regular commissioners and the agency's executive director, Kate Huckelbridge.

SpaceX, which announced plans in July to relocate its Southern California headquarters to Texas, has rapidly become the world’s most valuable and prolific aerospace enterprise, accounting for approximately 90 percent of U.S. rocket launches last year. The company also achieved a significant milestone over the weekend by successfully catching a rocket booster used to launch a spacecraft.

“The future of aerospace belongs in California — bringing good-paying jobs and unlocking immense economic potential for the Golden State,” stated Newsom spokesperson Brandon Richards.

However, the commission based its decision to refuse the Air Force’s proposal on concerns that it would categorize all SpaceX launches as military activity, exempting the company from having to obtain its own permits, even if military payloads were not involved.

The commission’s vote against increasing launches is nonbinding, indicating that the military may still proceed with the plan. Nonetheless, Air Force representatives present at the meeting expressed hope for a collaborative resolution and indicated they would not oppose the agency’s efforts to seek a distinct agreement with SpaceX to address environmental impacts related to the launches.

“Today’s vote hasn’t changed the [Department of the Air Force] or Vandenberg’s unwavering commitment to preserving the California coastline and the precious species that reside there,” noted Ravi Chaudhary, the Air Force’s assistant secretary for energy, installations, and environment. “The Space Force’s dedication to collaboration here is in many ways unprecedented — so is our commitment to ensuring dialogue continues.”

Anna Muller contributed to this report for TROIB News