DARPA Pushes for Dismissal of Orbital ATK GSO Servicing Suit

Federal court lacks subject matter jurisdiction to weigh a U.S. Defense Advanced Research Projects Agency contract with Space Systems Loral (SSL) for development of the capability to service and maintain geosynchronous orbit satellites, DARPA said in a motion (in Pacer) to dismiss filed Tuesday. In its filing in U.S. District Court in Alexandria, Virginia, DARPA said the lawsuit -- brought by Orbital ATK and its Space Logistics subsidiary, claiming the DARPA contract unfairly competes with commercial space activity (see 1702090045) -- flies in the face of what the Supreme Court's 2000 Sierra Club v. Peterson ruling said about challenging agency actions and that the SSL contract is well within agency discretion. DARPA said the suit should be dismissed for failing to state a claim, since it involves the Obama administration's national space policy directive, which doesn't create a legal framework a court can enforce. Orbital ATK didn't comment Wednesday.