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Environmentalists opposed to Starship at Boca Chica appeal dismissal of their lawsuit

Environmentalists from the Sierra Club and one Texas Indian tribe have now appealed the dismissal of their lawsuit aimed at blocking further tests or launches of Starship and Superheavy by SpaceX at its Boca Chica facility.

The Sierra Club and the Carrizo/Comecrudo Tribe of South Texas jointly appealed the 445th District Court’s decision July 7 to dismiss a lawsuit concerning SpaceX testing of its next-generation Starship vehicle closing nearby Boca Chica Beach, the coalition said July 28. In the dismissal, Judge Gloria Rincones argued there is “no private right of enforcement” concerning the beach access, according to (opens in new tab). The dismissal took place over the appellants’ protests that closing the beach violates the Texas state constitution, along with access rights by traditional groups.

The Sierra Club’s Brownsville organizer, Emma Guevara, stated the appeal is taking place because the beach is closed weekly to allow “a billionaire [to] launch deadly rockets near homes and wildlife.”

Citing a fireball that briefly and unexpectedly engulfed Starship during testing July 12, Guevera said her family was “forced” to hear the noise, which “launched without any warning for the public.” [emphasis mine]

My my, what a horror! I suppose everyone must stop what they are doing because Guevera and his family might be inconvenienced. And who cares if the lawsuit prevents thousands of south Texas citizens from having jobs and a thriving economy? It is more important Guevera doesn’t have to hear loud noises.

The lawsuit claims that allowing SpaceX to periodically close access to the nearest beach violates the state’s constitution, despite laws passed by both the local and state legislatures allowing for these closures.

Conscious Choice cover

Now available in hardback and paperback as well as ebook!


From the press release: In this ground-breaking new history of early America, historian Robert Zimmerman not only exposes the lie behind The New York Times 1619 Project that falsely claims slavery is central to the history of the United States, he also provides profound lessons about the nature of human societies, lessons important for Americans today as well as for all future settlers on Mars and elsewhere in space.

Conscious Choice: The origins of slavery in America and why it matters today and for our future in outer space, is a riveting page-turning story that documents how slavery slowly became pervasive in the southern British colonies of North America, colonies founded by a people and culture that not only did not allow slavery but in every way were hostile to the practice.  
Conscious Choice does more however. In telling the tragic history of the Virginia colony and the rise of slavery there, Zimmerman lays out the proper path for creating healthy societies in places like the Moon and Mars.


“Zimmerman’s ground-breaking history provides every future generation the basic framework for establishing new societies on other worlds. We would be wise to heed what he says.” —Robert Zubrin, founder of founder of the Mars Society.


All editions available at Amazon, Barnes & Noble, and all book vendors. The ebook can be purchased direct from my ebook publisher, ebookit, in which case you don't support the big tech companies and I get a bigger cut much sooner. Note that the price for the ebook, $3.99, goes up to $5.99 on September 1, 2022.


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  • Mitch S.

    Sounds like a shakedown.
    They just want Musk/SpaceX to decide it’s quicker/cheaper to break out the checkbook than fight in court.

  • Col Beausabre

    Forward into the fantasy land!

  • Col Beausabre

    ““a billionaire [to] launch deadly rockets near homes and wildlife.” Who cares if he is rich – totally irrelevant. As for “deadly”, who or what has these instruments of death and destruction harmed

  • ““a billionaire [to] launch deadly rockets near homes and wildlife.”

    Not like, you know, deadly motor vehicles operated near ‘homes and wildlife’.

    And hey, SpaceX isn’t crashing for-real deadly rockets near ‘homes and wildlife’.

  • Catch Thirty-Thr33

    Ms. Guevara’s real motivation is envy, hatred and resentment. Why else spit out “a billionaire”?

  • Edward

    Mitch S. suggested: “Sounds like a shakedown.

    The Sierra Club is likely jealous that other environmental groups had recently talked the FAA into awarding them unearned extortion money from SpaceX, so they want part of that action, too.

    Places where corruption costs businesses money just to do their business are places where poverty abounds. It becomes expensive to start and operate businesses, profits are low which makes expansion difficult, and so employment is difficult to find. Only the corruptocrats benefit, and they don’t do very well, either, because what little there is for them to buy with their ill-gotten booty is expensive.

    The United States did well over its first five hundred years, because this kind of corruption was rare. It is growing, and it is not being stopped by those whom we hire to stop it — those people are also happily taking part in this corrupt extortion, because it is not yet so bad that there are shortages and high prices.

    Oh, wait …

  • sippin_bourbon

    “No private right of enforcement.”.

    I can see a liberal appeals judge deciding that these progressive orgs have this power. Based on nothing, of course.

    Most of these groups are interested in shake downs. A few of the hardcore believers really want to stop the R&D that the “billionaire” is doing. Idealists or useful idiots. Hard to judge without knowing more

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