Court throws out environmental lawsuit against SpaceX, FAA, and Starship/Superheavy
The federal district court judge for the District of Columbia yesterday dismissed entirely the environmental lawsuit that had been filed against SpaceX and the FAA by anti-Musk activists following the first orbital test launch of Starship/Superheavy.
More details here. The lawsuit itself [pdf] was filed in 2023, claiming that the FAA’s environmental assessment of SpaceX’s activities at Boca Chica would do no harm to the environment were wrong.
SpaceX activities authorized in the FONSI/ROD [the environmental reassessment issued last year] have and will adversely affect the surrounding wildlife habitat and communities. In addition to harm from construction activities and increased vehicle traffic, rocket launches result in intense heat, noise, and light pollution. Furthermore, the rocket launches and testing result in explosions which spread debris across surrounding habitat and cause brush/forest fires — including one that recently burned 68 acres of adjacent National Wildlife Refuge. The FAA calls these explosions “anomalies,” but in fact they occur frequently, with at least 8 over the past 5 years. FAA acknowledged that many more such “anomalies” are expected over the next 5 years. The U.S. Fish and Wildlife Service has found that prior SpaceX rocket explosions harmed protected wildlife and designated habitat in violation of the Endangered Species Act (ESA).
At the time I noted this:
In other words, rockets and launch sites should never be placed inside wildlife refuges, because such activity is detrimental to wildlife.
A more false statement cannot be made. Under this conclusion the launch facilities at Cape Canaveral, which have been operating in the middle of a wildlife refuge now for more than six decades, should be shut down immediately. All the wildlife there must certainly be dead!
We have almost three-quarters of a century of empirical data in both Florida and California that spaceports are clearly beneficial to wildlife, because they actually create the refuge by reserving large areas where development cannot occur. This court decision merely confirms reality, something it appears increasingly the left doesn’t have much grasp of.
