The Space Show Presents Noted Space Attorney, Michael Listner on a legal & policy wrap discussion for Space 2025.

The Space Show Presents Michael Listner, Sunday , 12-21-25

Quick Summary

Our program focused on analyzing the newly released Trump Space Policy Executive Order and its implications for NASA’s moon return mission by 2028, with discussions around commercial space initiatives, infrastructure challenges, and geopolitical considerations. The Wisdom Team explored NASA’s current plans, leadership changes, and the evolving role of private investment in space exploration, while examining international reactions and regulatory challenges. The conversation concluded with discussions about space governance, technological advancements, and future policy directions, including the potential for reduced launch costs and the importance of spectrum management in space policy.

Summary

The Wisdom Team discussed the newly released Trump Space Policy Executive Order, which Michael noted pushes for commercial space initiatives rather than the expensive rocket version, aiming for a moon return by 2028. David expressed skepticism about meeting this timeline without radical program changes, and mentioned Dr. Mike Griffin’s upcoming appearance to share his perspective. David and Michael discussed the newly released executive order on space policy, which aims to return humans to the moon by 2028. Michael explained that the order emphasizes a sustainable and cost-effective lunar presence, including greater commercial space involvement. He noted that while the order is significant, its reception and implementation may face challenges, particularly due to potential conflicts with previous legislation. David raised concerns about the feasibility of the 2028 timeline, citing skepticism about current infrastructure and project delays. Michael acknowledged these concerns but suggested that the administration’s focus on achieving this goal before the end of the president’s term could drive progress.

We continued talking about NASA’s plans to return to the moon, with Michael emphasizing that the Space Launch System (SLS) is currently the only viable option for achieving this goal within a reasonable timeframe, despite its limitations and high costs. The group discussed the potential influence of lobbying by contractors with stakes in SLS, as well as the geopolitical considerations of competing with China’s lunar ambitions. John Jossy mentioned the recent executive order requiring NASA to review major space acquisition programs, potentially opening the door to cuts or cancellations, though Michael suggested that SLS would likely continue until at least Artemis 3 or 4 due to political realities and geopolitical interests.

Our Wisdom Team discussed the implications of recent changes in NASA leadership and broader space policy, with Michael sharing insights about the challenges faced by former NASA administrator Jim Bridenstine and others. They explored the future of space exploration, with Michael predicting that private investment would become more important than government funding over the next 10-15 years, leading to the formation of large space-focused conglomerates. The discussion concluded with an analysis of international reactions to U.S. commercial space initiatives, noting that many countries, particularly Russia and the European Union, are resistant to the commercialization of space and have implemented restrictive regulations to limit private sector involvement.

Next, we focused on the shift towards national sovereignty in space governance, highlighted by recent conferences on regulating lunar activities and space resources. Michael noted that while the U.S. participated in these conferences, it aimed to influence rule-making rather than comply fully. Marshall brought up Elon Musk’s plans for AI data centers in space, including a potential IPO and a Pentagon proposal for a $4 billion AI center. Michael clarified that regulatory hurdles, rather than legal ones, would be the main challenge for such initiatives, while also cautioning about the potential for overhyped expectations similar to those seen with space resource laws. David inquired about efforts to extend environmental protection laws to space, to which Michael responded that while such attempts occur, they often lack specific legislative backing and have faced setbacks in recent court decisions.

The Wisdom Team discussed tax incentives for space investment, with Michael noting that Florida had considered such measures and federal proposals existed previously. Marshall raised concerns about SpaceX’s potential market dominance following its IPO, which Michael addressed by explaining that antitrust considerations would require government approval for monopolistic behavior, though he noted SpaceX’s competition with other launch companies. Michael predicted that 2025 would be a transition year for space policy, moving commercial space to a higher priority, and anticipated continued steady progress in 2026, with over 100 launches expected from Cape Canaveral and Vandenberg that year. John Jossy mentioned the upcoming 60-day timeline for issuing guidance on American space nuclear power initiatives.

Michael discussed the challenges of developing nuclear propulsion systems, citing the example of DARPA’s project being abandoned. He explained that the new nuclear power directive from the administration aims to move initiatives forward, with multiple agencies involved in authorization processes. David raised concerns about Congress potentially being a stumbling block to space exploration efforts, given its current focus and past legislative conflicts. Michael noted the ongoing competition between NASA authorization acts and the CHIPS Act, suggesting that the White House might find a way to align these directives.

Michael went on to explain that space settlement lacks regulatory infrastructure and requires a national space policy prioritizing it, which currently does not exist. He noted that the FAA’s 2015 Commercial Space Launch Act was not fully implemented, particularly regarding space resources, and highlighted the need for Congress to provide clear authorization for such activities. Marshall raised a question about the relationship between SpaceX’s Starlink revenue and NASA’s budget, to which Michael responded that this shift aligns with Reagan’s vision for commercial space, emphasizing private innovation surpassing government capabilities.

Nearing the end of our program, we focused on the current state and future of national space policy, commercial space initiatives, and technological advancements. Michael noted that the Trump administration’s first-term national space policy remains in effect. The Biden administration did not replace it. The Trump pro-commercial space stance continues to influence the industry. The team discussed the potential for reduced launch costs due to increased competition, with Rocket Lab’s success highlighted as a significant player in the market. They also explored the implications of the Golden Dome initiative, emphasizing its potential geopolitical and defense implications, as well as the challenges it may face in the future. The conversation concluded with an examination of upcoming technologies, such as SpaceX’s Starlink and its potential impact on global communication, and the importance of spectrum management in space policy.

Special thanks to our sponsors:Northrup Grumman, American Institute of Aeronautics and Astronautics, Helix Space in Luxembourg, Celestis Memorial Spaceflights, Astrox Corporation, Dr. Haym Benaroya of Rutgers University, The Space Settlement Progress Blog by John Jossy, The Atlantis Project, and Artless Entertainment

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