Environmentalists appeal dismissal of their lawsuit against the FAA and SpaceX
The two environmentalist groups and Indian tribe that sued to get SpaceX’s Boca Chica spaceport shut down have now appealed the dismissal of their case by a Texas judge.
Two environmental groups and an Indigenous tribe on Wednesday will present appeals in their lawsuit over the repeated closures of a border beach to allow neighboring SpaceX to conduct test flights and other activity. The Sierra Club, Save RGV, and the Carrizo Comecrudo Nation of Texas are scheduled to present oral arguments before the 13th Court of Appeals on Wednesday morning in Edinburg.
Last summer, the groups filed a lawsuit accusing the state of not upholding the Texas Open Beaches Act, but a district court judge in Brownsville ruled against their lawsuit, saying they couldn’t sue the Texas General Land Office or Cameron County, where the popular beach and SpaceX are located. The Texas Constitution grants the public rights to all public beaches. At issue, however, is whether private groups have a constitutional right to sue.
Though I am not surprised that the lawsuit was dismissed because these groups have no standing, this the first I had heard of that dismissal. I suspect their appeal will fail as well, especially as the hearing is being held in the state courts, which are generally very sympathetic to SpaceX and the economic rebirth it has brought to south Texas.
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The two environmentalist groups and Indian tribe that sued to get SpaceX’s Boca Chica spaceport shut down have now appealed the dismissal of their case by a Texas judge.
Two environmental groups and an Indigenous tribe on Wednesday will present appeals in their lawsuit over the repeated closures of a border beach to allow neighboring SpaceX to conduct test flights and other activity. The Sierra Club, Save RGV, and the Carrizo Comecrudo Nation of Texas are scheduled to present oral arguments before the 13th Court of Appeals on Wednesday morning in Edinburg.
Last summer, the groups filed a lawsuit accusing the state of not upholding the Texas Open Beaches Act, but a district court judge in Brownsville ruled against their lawsuit, saying they couldn’t sue the Texas General Land Office or Cameron County, where the popular beach and SpaceX are located. The Texas Constitution grants the public rights to all public beaches. At issue, however, is whether private groups have a constitutional right to sue.
Though I am not surprised that the lawsuit was dismissed because these groups have no standing, this the first I had heard of that dismissal. I suspect their appeal will fail as well, especially as the hearing is being held in the state courts, which are generally very sympathetic to SpaceX and the economic rebirth it has brought to south Texas.
Readers!
Please consider supporting my work here at Behind the Black. Your support allows me the freedom and ability to analyze objectively the ongoing renaissance in space, as well as the cultural changes -- for good or ill -- that are happening across America. Fourteen years ago I wrote that SLS and Orion were a bad ideas, a waste of money, would be years behind schedule, and better replaced by commercial private enterprise. Only now does it appear that Washington might finally recognize this reality.
In 2020 when the world panicked over COVID I wrote that the panic was unnecessary, that the virus was apparently simply a variation of the flu, that masks were not simply pointless but if worn incorrectly were a health threat, that the lockdowns were a disaster and did nothing to stop the spread of COVID. Only in the past year have some of our so-called experts in the health field have begun to recognize these facts.
Your help allows me to do this kind of intelligent analysis. I take no advertising or sponsors, so my reporting isn't influenced by donations by established space or drug companies. Instead, I rely entirely on donations and subscriptions from my readers, which gives me the freedom to write what I think, unencumbered by outside influences.
You can support me either by giving a one-time contribution or a regular subscription. There are four ways of doing so:
1. Zelle: This is the only internet method that charges no fees. All you have to do is use the Zelle link at your internet bank and give my name and email address (zimmerman at nasw dot org). What you donate is what I get.
2. Patreon: Go to my website there and pick one of five monthly subscription amounts, or by making a one-time donation.
3. A Paypal Donation or subscription:
4. Donate by check, payable to Robert Zimmerman and mailed to
Behind The Black
c/o Robert Zimmerman
P.O.Box 1262
Cortaro, AZ 85652
You can also support me by buying one of my books, as noted in the boxes interspersed throughout the webpage or shown in the menu above.
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