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SpaceX CEO Elon Musk explains why Blue Origin’s Starship lawsuit makes no sense

The battle between NASA and Blue Origin over SpaceX's HLS Starship Moon lander continues. (SpaceX/Blue Origin)

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4 years ago

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For the first time since SpaceX competitor Blue Origin took NASA to federal court after losing a Moon lander contract to Starship and a protest over that loss, unsealed documents have finally revealed the argument Jeff Bezos’ space startup is focusing on in court.

After the details broke in new court documents filed on Wednesday, SpaceX CEO Elon Musk weighed in on Twitter to offer his take on why the arguments Blue Origin has hinged its lawsuit on make very little sense.

While one seemingly significant portion of the main complaint claiming to reveal “additional substantial errors” in SpaceX’s Starship HLS proposal was almost fully redacted, most of the opening argument is legible. In short, Blue Origin appears to have abandoned the vast majority of arguments it threw about prior to suing NASA and the US government and is now almost exclusively hinging its case on the claim that SpaceX violated NASA’s procurement process by failing to account for a specific kind of prelaunch review before every HLS-related Starship launch.

For NASA’s HLS competition, SpaceX proposed to create a custom variant of Starship capable of serving as a single-stage-to-orbit crewed Moon lander with the help of the rest of the Starship fleet – including Super Heavy boosters, cargo/tanker Starships, and a depot or storage ship. SpaceX would begin a Moon landing campaign by launching a (likely heavily modified) depot Starship into a stable Earth orbit. Anywhere from 8 to 14 Starship tanker missions – each carrying around 100-150 tons of propellant – would then gradually fill that depot ship over the course of no more than six or so months. Once filled, an HLS lander would launch to orbit, refill its tanks from the depot ship, and make its way to an eccentric lunar orbit to rendezvous with NASA’s Orion spacecraft and three Artemis astronauts.

As Blue Origin has exhaustively reminded anyone within earshot for the last five months, SpaceX’s Starship Moon lander proposal is extremely complex and NASA is taking an undeniable risk (of delays, not for astronauts) by choosing SpaceX. Nevertheless, NASA’s Kathy Lueders and a source evaluation panel made it abundantly clear in public selection statement that SpaceX’s proposal was by far the most competent, offering far a far superior management approach and technical risk no worse than Blue Origin’s far smaller, drastically less capable lander.

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The bulk of Blue Origin’s argument appears to be that its National Team Lander proposal was drastically disadvantaged by the fact that SpaceX may or may not have incorrectly planned for just three ‘flight readiness reviews’ (FRRs) for each 16-launch HLS Starship mission. While heavily redacted, Blue Origin wants a judge to believe that contrary to the US Government Accountability Office’s (GAO) fair assessment that such a small issue is incredibly unlikely to have changed the competition’s outcome, it would have “been able to propose a substantially lower price” for its lander. To be clear, a flight readiness review is an admittedly important part of NASA’s safety culture, but it ultimately amounts to paperwork and doublechecks over the course of a day or two of meetings.

All else equal, the need to complete an FRR before a launch is incredibly unlikely to cause more than a few days of delays in a worst-case scenario and would have next to no cost impact. There is no reasonable way to argue that being allowed to complete some launches without an FRR would have singlehandedly allowed Blue Origin to “[engineer] and [propose] an entirely different architecture.” Nevertheless, that’s exactly what the company attempts to argue – that it would have radically and completely changed the design it spent more than half a billion dollars sketching out if it had only been able to skip a few reviews.

Curiously, Blue Origin nevertheless does make a few coherent and seemingly fact-based arguments in the document. Perhaps most notably, it claims that when NASA ultimately concluded that it didn’t have funds for even a single award (a known fact) and asked SpaceX – its first choice – to make slight contract modifications to make the financial side of things work, NASA consciously chose to waive the need for an FRR before every HLS Starship launch. Only via purported cost savings from those waived reviews, Blue Origin claims, was NASA able to afford SpaceX’s proposal – which, it’s worth noting, was more than twice as cheap as the next cheapest option (Blue Origin).

Ultimately, it thus appears that Blue Origin may have a case to make that NASA awarded SpaceX the HLS Option A contract despite a handful of errors that violated contracting rules and the HLS solicitation. Relative to just about any other possible issue, though, it’s hard not to perceive the problems Blue Origin may or may have correctly pointed out as anything more than marginal and extraordinarily unlikely to have changed the outcome in Blue’s favor had they been rectified before the award. Most importantly, even if Blue Origin’s argument is somehow received favorably and a judge orders NASA to overturn its SpaceX HLS award and reconsider all three proposals, it’s virtually inconceivable that even that best-case outcome would result in Blue Origin receiving a contract of any kind.

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Eric Ralph is Teslarati's senior spaceflight reporter and has been covering the industry in some capacity for almost half a decade, largely spurred in 2016 by a trip to Mexico to watch Elon Musk reveal SpaceX's plans for Mars in person. Aside from spreading interest and excitement about spaceflight far and wide, his primary goal is to cover humanity's ongoing efforts to expand beyond Earth to the Moon, Mars, and elsewhere.

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Tesla Supercharger Diner food menu gets a sneak peek as construction closes out

What are you ordering at the Tesla Diner?

Published

9 hours ago

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July 18, 2025

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Credit: BradGoldbergMD | X

The Tesla Supercharger Diner in Los Angeles is nearing completion as construction appears to be winding down significantly. However, the more minor details, such as what the company will serve at its 50s-style diner for food, are starting to be revealed.

Tesla’s Supercharger Diner is set to open soon, seven years after CEO Elon Musk first drafted the idea in a post on X in 2018. Musk has largely come through on most of what he envisioned for the project: the diner, the massive movie screens, and the intended vibe are all present, thanks to the aerial and ground footage shared on social media.

We already know the Diner will be open 24/7, based on decals placed on the front door of the restaurant that were shared earlier this week. We assume that Tesla Optimus will come into play for these long and uninterrupted hours.

The Tesla Diner is basically finished—here’s what it looks like

As far as the food, Tesla does have an email also printed on the front door of the Diner, but we did not receive any response back (yet) about what cuisine it will be offering. We figured it would be nothing fancy and it would be typical diner staples: burgers, fries, wings, milkshakes, etc.

According to pictures taken by @Tesla_lighting_, which were shared by Not a Tesla App, the food will be just that: quick and affordable meals that diners do well. It’s nothing crazy, just typical staples you’d find at any diner, just with a Tesla twist:

As the food menu is finalized, we will be sure to share any details Tesla provides, including a full list of what will be served and its prices.

Additionally, the entire property appears to be nearing its final construction stages, and it seems it may even be nearing completion. The movie screens are already up and showing videos of things like SpaceX launches.

There are many cars already using the Superchargers at the restaurant, and employees inside the facility look to be putting the finishing touches on the interior.

It’s almost reminiscent of a Tesla version of a Buc-ee’s, a southern staple convenience store that offers much more than a traditional gas station. Of course, Tesla’s version is futuristic and more catered to the company’s image, but the idea is the same.

It’s a one-stop shop for anything you’d need to recharge as a Tesla owner. Los Angeles building permits have not yet revealed the date for the restaurant’s initial operation, but Tesla may have its eye on a target date that will likely be announced during next week’s Earnings Call.

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News

Tesla’s longer Model Y did not scale back requests for this vehicle type from fans

Tesla fans are happy with the new Model Y, but they’re still vocal about the need for something else.

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1 day ago

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July 17, 2025

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Credit: AlwinArt/Twitter

Tesla launched a slightly longer version of the Model Y all-electric crossover in China, and with it being extremely likely that the vehicle will make its way to other markets, including the United States, fans are still looking for something more.

The new Model Y L in China boasts a slightly larger wheelbase than its original version, giving slightly more interior room with a sixth seat, thanks to a third row.

Tesla exec hints at useful and potentially killer Model Y L feature

Tesla has said throughout the past year that it would focus on developing its affordable, compact models, which were set to begin production in the first half of the year. The company has not indicated whether it met that timeline or not, but many are hoping to see unveilings of those designs potentially during the Q3 earnings call.

However, the modifications to the Model Y, which have not yet been officially announced for any markets outside of China, still don’t seem to be what owners and fans are looking forward to. Instead, they are hoping for something larger.

A few months ago, I reported on the overall consensus within the Tesla community that the company needs a full-size SUV, minivan, or even a cargo van that would be ideal for camping or business use.

Tesla is missing one type of vehicle in its lineup and fans want it fast

That mentality still seems very present amongst fans and owners, who state that a full-size SUV with enough seating for a larger family, more capability in terms of cargo space for camping or business operation, and something to compete with gas cars like the Chevrolet Tahoe, Ford Expedition, or electric ones like the Volkswagen ID.BUZZ.

We asked the question on X, and Tesla fans were nearly unanimously in support of a larger SUV or minivan-type vehicle for the company’s lineup:

Here’s what some of the respondents said:

Tesla is certainly aware that many of its owners would like the company to develop something larger that competes with the large SUVs on the market.

However, it has not stated that anything like that is in the current plans for future vehicles, as it has made a concerted effort to develop Robotaxi alongside the affordable, compact models that it claims are in development.

It has already unveiled the Robovan, a people-mover that can seat up to 20 passengers in a lounge-like interior.

The Robovan will be completely driverless, so it’s unlikely we will see it before the release of a fully autonomous Full Self-Driving suite from Tesla.

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Energy

Tesla launches first Virtual Power Plant in UK – get paid to use solar

Tesla has launched its first-ever Virtual Power Plant program in the United Kingdom.

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1 day ago

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July 17, 2025

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Credit: Tesla Energy | X

Tesla has launched its first-ever Virtual Power Plant program in the United Kingdom. This feature enables users of solar panels and energy storage systems to sell their excess energy back to the grid.

Tesla is utilizing Octopus Energy, a British renewable energy company that operates in multiple markets, including the UK, France, Germany, Italy, Spain, Australia, Japan, New Zealand, and the United States, as the provider for the VPP launch in the region.

The company states that those who enroll in the program can earn up to £300 per month.

Tesla has operated several VPP programs worldwide, most notably in California, Texas, Connecticut, and the U.S. territory of Puerto Rico. This is not the first time Tesla has operated a VPP outside the United States, as there are programs in Australia, Japan, and New Zealand.

This is its first in the UK:

Tesla is not the only company that is working with Octopus Energy in the UK for the VPP, as it joins SolarEdge, GivEnergy, and Enphase as other companies that utilize the Octopus platform for their project operations.

It has been six years since Tesla launched its first VPP, as it started its first in Australia back in 2019. In 2024, Tesla paid out over $10 million to those participating in the program.

Tesla VPP program in California hits new capacity milestone

Participating in the VPP program that Tesla offers not only provides enrolled individuals with the opportunity to earn money, but it also contributes to grid stabilization by supporting local energy grids.

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