Mining the Milky Way: How to Bring America’s Extraterrestrial Excursions Back Into Compliance With International Obligations

In November of 2015, the 114th United States Congress enacted Commercial Space Launch Competitiveness Act 2015 (Space Act) and, in turn, thrusted door to outer space mining wide open for Americans. Unfortunately, while provided a solution corporations, it created di- lemma States. As currently enacted, directly conflicts with world’s foundational and most basic framework international law: The Treaty on Principles Governing Activities Exploration Use Outer Space, Including Moon Other Celestial Bodies (Outer Treaty). To reassure other signatories ensure complies its obligations under Treaty, should establish centralized regulatory authority govern activities American entities amend require bonding permit- ting processes wishing engage asteroid mining. This Article is first analyze how modify existing legislation impose sufficient regulation so may once again comply VI Treaty. will show that given inherent risks mining, intent origins conflicting allowances contained Act, changes must be tradition treaty compliance mineral- extraction does not stop at our planet’s troposphere.