The main line
A Florida family is suing NASA after a piece of debris from the International Space Station fell to Earth and blew a hole in their roof, a rare case that raises questions about who is responsible for space debris as nations, private companies and billionaires race to build the growing space economy.
Space debris is a growing problem, but damage is largely governed by international treaty.
Key facts
A family in Naples, Florida, is seeking $80,000 from NASA for property and business damage, emotional and mental anguish and other costs after metal debris from the International Space Station fell to Earth and damaged their home earlier this year.
NASA, which collected and analyzed the metal object from the family’s home, identified the cylinder as part of a cargo pallet it launched from the space station in 2021 with the belief that it would burn up after re-entering Earth’s atmosphere.
Since this is a “US-on-US matter” regarding the NASA debris and Florida damages, McGill University associate professor Andrea Harrington told Forbes that the matter would be governed by domestic US law. , just like any other case of damage caused by the government or private party.”
Harrington, who also co-directs the McGill Institute for Air and Space Law, said there is an entire treaty dealing with the issue of damage to people or property caused by another country’s actions in space.
The U.S. is a party to that treaty, known as the Outer Space Treaty, and if the material had landed in another country, Harrington said the U.S. government itself would be responsible for paying that country’s government, with any payment for individuals treated domestically. that place.
Under the treaty, the US would also be obligated to pay for damages caused by private US firms, although the company or their insurers would then pay the US government under domestic law.
How will NASA respond to the lawsuit?
The Florida family’s attorney, Mica Nguyen Worthy, said their lawsuit is an important case because it will set a precedent for how the agency deals with incidents like this moving forward. NASA has six months to respond under US law. Worthy has asked the agency, and by extension, the US government, to respond in the same manner as would be required by international law if the object had landed abroad. “If the incident had occurred overseas and someone in another country had been harmed by the same space debris as in the Otero case, the US would have been absolutely responsible for paying for those damages,” Worthy said in a statement. , adding that the government has an opportunity to set a standard for what “responsible, safe and sustainable space operations” should look like. Harrington said she “strongly doubts there will be a need for anyone to go to court,” explaining that it is in “NASA’s best interest — both financially and in terms of public perception — to secure a payment of reasonably without the need for a lawsuit and I believe they will.”
ANTI
Christopher Newman, a professor of space law and policy at Northumbria University in the United Kingdom, told Forbes that there is no need to assign blame for damage resulting from space debris like this in order for the country that launched it to be responsible. to compensate. All that is required is to show that the damage was caused by the space object. However, Newman said the facility’s origin on the International Space Station could complicate matters as it was made through an international partnership that stipulates that each partner – the US, Russia, European governments, Japan and Canada – consult on the responsibility and protection of claims under international treaties. .
What to look for
The laws governing space “were sufficient when space activity was an exclusive and expensive business,” Newman said. The laws aren’t invoked often — the Soviet Union paid Canada in the 1980s after a satellite burned up in the country — but in recent years, Newman said it’s become cheaper to get into space and build the kind of equipment sent. there, with a net result of putting more and more equipment into orbit. Debris is a threat to both humanity’s ability to enter space, objects already in space (at high speeds, collisions with even very small objects can be catastrophic) and those on Earth. In 2022, scientists estimated there was a 1 in 10 chance of casualties from runaway rockets falling to Earth over the next decade. “This is putting a strain on all aspects of the current regulatory and legal regime governing space activity, as it was intended for a different time and a much reduced area of ​​human activity,” Newman said, adding that the types of institutions and necessary processes. to deal with claims and enforce the law are also lacking.
Crucial quotes
“The issue of debris hitting Earth and causing damage is pretty marginal and low-risk in the grand scheme of things,” Harrington said, a sentiment echoed by Newman. “The biggest issue with space debris is how much debris is accumulating in Low Earth Orbit creating hazards that can lead to collisions and debris cascades, making it much more difficult to conduct safe activities in space,” he said. Harrington. “A big problem is that it is not economically feasible to remove most of the debris that currently exists in orbit, so most efforts are currently focused on mitigating the creation of new debris.”
Big number
9000 metric tons. That’s at least how much orbital debris was in Earth’s orbit as of January 2022, according to NASA. More than 25,000 of the objects that make up this mass are larger than 10 cm, NASA said, with about 500,000 between 1 cm and 10 cm in diameter. There are more than 100 million particles of space debris larger than 1 mm.
Get text alerts on the latest Forbes news: We’re launching text message alerts so you’ll always know the biggest stories making the day’s headlines. Text Alerts to (201) 335-0739 or sign up here.
Further reading