Scarinci Hollenbeck, LLC
The Firm
201-896-4100 info@sh-law.comFirm Insights
Are Space Laws The Next Legal Frontier?
Author: Scarinci Hollenbeck, LLC
Date: September 1, 2015
Key Contacts
Back
As the natural resources on Earth grow scarce, some businesses are looking outside our atmosphere. While sending miners to an asteroid may seem like the plot of a science fiction movie, it could become a reality in the foreseeable future. If this is true, then attorneys may need to start looking into space laws.
In 2012, Planetary Resources, Inc. announced that it planned to mine near-Earth asteroids for precious metals such as iron and platinum. The company attracted several high-profile funders, including Google Inc.’s Larry Page and director James Cameron. Several other companies have announced similar initiatives.
Although commercial space resource exploration is still in its infancy (no one has actually landed a manned spacecraft on an asteroid), lawmakers on Capitol Hill are currently considering legislation that would protect the property rights of U.S. companies that mine asteroid resources in outer space. The U.S. House of Representatives recently passed the Space Resource Exploration and Utilization Act of 2015 (H.R.1508), which is part of the larger SPACE Act (H.R. 2262).
“Asteroids are excellent potential sources of highly valuable resources and minerals. Space technology has advanced to the point that the private sector is now able to begin exploring and developing resources in space. Americans are willing to invest in asteroid mining, but they need legal certainty that they can keep the fruits of their labor.”
Under the proposed bill, resources mined from an asteroid would be the property of the entity that obtained them. The legislation specifically states that “[a]ny asteroid resources obtained in outer space are the property of the entity that obtained such resources, which shall be entitled to all property rights thereto, consistent with applicable provisions of Federal law and existing international obligations.”
The proposed space law also contains provisions intended to ensure that U.S. companies can legally conduct their operations without harmful interference.
Under the legislation, U.S. commercial space resource companies or foreign companies that voluntarily submit to the law statutory framework must “avoid causing harmful interference in outer space.” The Space Resource Exploration and Utilization Act of 2015 also authorizes operators to bring civil suits against “another entity subject to United States jurisdiction causing harmful interference to its operations with respect to an asteroid resource utilization activity in outer space.”
In addition, the legislation directs the White House to facilitate commercial development of asteroid resources. It mandates that the President “promote the right of United States commercial entities to explore outer space and utilize space resources, in accordance with the existing international obligations of the United States, free from harmful interference, and to transfer or sell such resources.”
As noted by the Wall Street Journal, the proposed commercial space exploration legislation is groundbreaking and controversial, with some critics questioning whether such unilateral action is even legal under existing space law treaties. Pursuant to the Outer Space Treaty of 1967, “[t]he exploration and use of outer space, including the moon and other celestial bodies, shall be carried out for the benefit and in the interests of all countries, irrespective of their degree of economic or scientific development, and shall be the province of all mankind.” The treaty further states that “[o]uter space, including the moon and other celestial bodies, is not subject to national appropriation by claim of sovereignty, by means of use or occupation, or by any other means.”
Accordingly, companion legislation introduced in the U.S. Senate by Sens. Patty Murray and Marco Rubio will likely generate additional study and debate. Stay tuned for updates.
- Locations: Red Bank, NJ, Little Falls, NJ
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Related Posts
See all
Does Your Homeowners Insurance Provide Adequate Coverage?
Your home is likely your greatest asset, which is why it is so important to adequately protect it. Homeowners insurance protects you from the financial costs of unforeseen losses, such as theft, fire, and natural disasters, by helping you rebuild and replace possessions that were lost While the definition of “adequate” coverage depends upon a […]
Author: Jesse M. Dimitro
Understanding the Importance of a Non-Contingent Offer
Making a non-contingent offer can dramatically increase your chances of securing a real estate transaction, particularly in competitive markets like New York City. However, buyers should understand that waiving contingencies, including those related to financing, or appraisals, also comes with significant risks. Determining your best strategy requires careful analysis of the property, the market, and […]
Author: Jesse M. Dimitro
Fred D. Zemel Appointed Chair of Strategic Planning at Scarinci & Hollenbeck, LLC
Business Transactional Attorney Zemel to Spearhead Strategic Initiatives for Continued Growth and Innovation Little Falls, NJ – February 21, 2025 – Scarinci & Hollenbeck, LLC is pleased to announce that Partner Fred D. Zemel has been named Chair of the firm’s Strategic Planning Committee. In this role, Mr. Zemel will lead the committee in identifying, […]
Author: Scarinci Hollenbeck, LLC
Novation Agreement Process: Step-by-Step Guide for Businesses
Big changes sometimes occur during the life cycle of a contract. Cancelling a contract outright can be bad for your reputation and your bottom line. Businesses need to know how to best address a change in circumstances, while also protecting their legal rights. One option is to transfer the “benefits and the burdens” of a […]
Author: Dan Brecher
What Is a Trade Secret? Key Elements and Legal Protections Explained
What is a trade secret and why you you protect them? Technology has made trade secret theft even easier and more prevalent. In fact, businesses lose billions of dollars every year due to trade secret theft committed by employees, competitors, and even foreign governments. But what is a trade secret? And how do you protect […]
Author: Ronald S. Bienstock
What Is Title Insurance? Safeguarding Against Title Defects
If you are considering the purchase of a property, you may wonder — what is title insurance, do I need it, and why do I need it? Even seasoned property owners may question if the added expense and extra paperwork is really necessary, especially considering that people and entities insured by title insurance make fewer […]
Author: Patrick T. Conlon
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Sign up to get the latest from our attorneys!
Explore What Matters Most to You.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Are Space Laws The Next Legal Frontier?
Author: Scarinci Hollenbeck, LLC
As the natural resources on Earth grow scarce, some businesses are looking outside our atmosphere. While sending miners to an asteroid may seem like the plot of a science fiction movie, it could become a reality in the foreseeable future. If this is true, then attorneys may need to start looking into space laws.
In 2012, Planetary Resources, Inc. announced that it planned to mine near-Earth asteroids for precious metals such as iron and platinum. The company attracted several high-profile funders, including Google Inc.’s Larry Page and director James Cameron. Several other companies have announced similar initiatives.
Although commercial space resource exploration is still in its infancy (no one has actually landed a manned spacecraft on an asteroid), lawmakers on Capitol Hill are currently considering legislation that would protect the property rights of U.S. companies that mine asteroid resources in outer space. The U.S. House of Representatives recently passed the Space Resource Exploration and Utilization Act of 2015 (H.R.1508), which is part of the larger SPACE Act (H.R. 2262).
“Asteroids are excellent potential sources of highly valuable resources and minerals. Space technology has advanced to the point that the private sector is now able to begin exploring and developing resources in space. Americans are willing to invest in asteroid mining, but they need legal certainty that they can keep the fruits of their labor.”
Under the proposed bill, resources mined from an asteroid would be the property of the entity that obtained them. The legislation specifically states that “[a]ny asteroid resources obtained in outer space are the property of the entity that obtained such resources, which shall be entitled to all property rights thereto, consistent with applicable provisions of Federal law and existing international obligations.”
The proposed space law also contains provisions intended to ensure that U.S. companies can legally conduct their operations without harmful interference.
Under the legislation, U.S. commercial space resource companies or foreign companies that voluntarily submit to the law statutory framework must “avoid causing harmful interference in outer space.” The Space Resource Exploration and Utilization Act of 2015 also authorizes operators to bring civil suits against “another entity subject to United States jurisdiction causing harmful interference to its operations with respect to an asteroid resource utilization activity in outer space.”
In addition, the legislation directs the White House to facilitate commercial development of asteroid resources. It mandates that the President “promote the right of United States commercial entities to explore outer space and utilize space resources, in accordance with the existing international obligations of the United States, free from harmful interference, and to transfer or sell such resources.”
As noted by the Wall Street Journal, the proposed commercial space exploration legislation is groundbreaking and controversial, with some critics questioning whether such unilateral action is even legal under existing space law treaties. Pursuant to the Outer Space Treaty of 1967, “[t]he exploration and use of outer space, including the moon and other celestial bodies, shall be carried out for the benefit and in the interests of all countries, irrespective of their degree of economic or scientific development, and shall be the province of all mankind.” The treaty further states that “[o]uter space, including the moon and other celestial bodies, is not subject to national appropriation by claim of sovereignty, by means of use or occupation, or by any other means.”
Accordingly, companion legislation introduced in the U.S. Senate by Sens. Patty Murray and Marco Rubio will likely generate additional study and debate. Stay tuned for updates.