FAA Proposes Waiving 13 Environmental Laws, Including NEPA, the Clean Water Act and the Endangered Species Act, for Rocket Launch Licenses

On July 30, 2026, the Federal Aviation Administration published a notice of proposed rulemaking, proposed 14 CFR 400.3, that would waive compliance with 13 federal laws, including the National Environmental Policy Act, the Clean Water Act, the Clean Air Act and the Endangered Species Act, for commercial launch and reentry licenses and launch sites. The FAA cited a statutory waiver power for requirements "not necessary" to protect public safety and a 2025 executive order directing faster launch cadence. Transportation Secretary Sean Duffy said the goal was getting "government red tape out of the way." The public comment period closed August 31.

The change would chiefly benefit SpaceX, whose Starship program has previously caused documented damage near its Texas site and whose owner has publicly attacked FAA licensing. It would remove the main legal tool outside groups have used to challenge launch approvals, and shift environmental judgments from the EPA to an executive-branch council.

The rule is proposed, not final. The Center for Biological Diversity has said it will fight it.