Scaling Sustainable Propellants to Address Rocket Emissions: Lessons From the U.S. Aviation Industry

By: Zhizhou (Josie) Liu The rapid growth of the U.S. commercial space industry has exposed a profound regulatory gap in addressing rocket emissions. By releasing greenhouse gases and particulates like black carbon, alumina, and water vapor, rocket launches not only contribute to climate change but also accelerate stratospheric ozone depletion. The U.S. aviation industry encountered similar environmental challenges decades ago, which eventually prompted legal and policy frameworks to curtail aviation emission through sustainable fuel technologies. Unlike aviation, however, the space industry now operates in a legal vacuum, with no binding international environmental standards or domestic regulations targeting rocket atmospheric pollution. As rocket emissions penetrate into every layer of the atmosphere, their environmental risks are even more intensified and distinct from aviation emissions. This Note argues that sustainable rocket technologies, such as green propellants and green non-chemical propulsion systems, offer an effective pathway to contain rocket emissions. Drawing lessons from the U.S. aviation industry’s gradual regulatory evolution, the Note proposes that a proactive regulatory framework, including industry-specific emission standards, incentive programs, and international collaboration, is critical for the U.S. space industry to avoid replicating aviation’s delayed response and to ensure that the new space era proceeds within environmentally sustainable bounds. Download

To Infinity and Beyond (And Beyond): The Legal and Ethical Imperative for Rocket Reusability

By: Matthew Lumia Although the Space Shuttle’s first flight was in the 1980s, reusable rocket technology did not achieve mainstream viability until SpaceX’s reusable Falcon 9 rocket revolutionized access to space. This note argues that transitioning to reusable rocket technology is not only a practical and economic advancement, but also a legal and ethical imperative. By analyzing reusable rockets through the “due regard” framework of the Outer Space Treaty, this note demonstrates how reusable rockets mitigate space debris, expand access to space, and can reduce environmental harm. Additionally, reusable rockets address critical ethical concerns by lowering barriers to space exploration, allowing the benefits of space exploration to be shared by more nations, and conserving resources which can be redirected to other pressing needs on Earth. As the global launch cadence continues to rise, widespread adoption of reusable rocket technology is essential to ensuring the long-term sustainability of space exploration while fulfilling international legal obligations and inherent ethical responsibilities. Download Full Article (PDF) Cite: 25 Duke L. & Tech. Rev. 262

Space and Existential Risk: The Need for Global Coordination and Caution in Space Development

By: Chase Hamilton This Article examines urgent risks resulting from outer space activities under the current space law regime. Emerging literature alarmingly predicts that the risk of a catastrophe that ends the human species this century is approximately 10–25%. Continued space development may increase, rather than decrease, overall existential risk due in part to crucial and identifiable market failures. Addressing these shortcomings should take priority over the competing commercial, scientific, and geopolitical interests that currently dominate in space policy. Sensible changes, including shifting space into a closed-access commons as envisioned by the 1979 Moon Treaty, may help in achieving existential security. Download Full Article (PDF) Cite: 21 Duke L. & Tech. Rev. 1

Outer Space: The Final Frontier or the Final Battlefield?

By: Emily Taft Current law concerning the militarization and weaponization of outer space is inadequate for present times. The increased implementation of “dual-use” space technologies poses obstacles for the demilitarization of space. This paper examines how far the militarization of space should be taken and also whether weapons of any kind should be placed in space. Further steps must be taken in international space law to attempt to keep the militarization and weaponization of space under control in order to promote and maintain a free outer space for research and exploration. Download Full Article (PDF) Cite: 15 Duke L. & Tech. Rev. 362