XCOR has now tested them for both fuel and oxidizer.

Who has the right?

This isn’t really satisfactory, though, without quantifying it:

So are asteroids celestial bodies like the moon? Or something different? A number of space-law scholars have weighed in recently. The bottom-line argument is, as Andrew Tingkang noted in a Seattle University Law Review article, that if you can move it, it isn’t a celestial body.

We see a similar distinction on Earth between “real” and “personal” property. Real estate is land. One of its chief characteristics is that it stays put. Personal property can be huge—a supertanker or a 747—but it’s movable. The rules relating to real property are different, and usually more stringent, than the rules relating to personal property. Land is accounted for by deeds and registries; for personal property, possession is enough to establish a presumption of ownership.

The biggest asteroids, like Ceres or Vesta, are probably too big to move, so even though they’re smaller than the moon, they might count as celestial bodies. But a 100-meter class-M asteroid is readily movable. It’s not real estate; it’s just a rock.

Anything, including the moon, can be moved. It’s just a matter of degree. When we slammed LCROSS into it a while back, we moved it, though probably not measurably. One clear-cut definition could be if you change the body around which it’s orbiting.