Tag: Save RGV

Activists sue Texas commission for allowing SpaceX to use its Superheavy deluge launch system

9:45 am

The same activist groups that have repeatedly used lawfare to try to block SpaceX’s operations at Boca Chica have now sued the Texas Commission on Environmental Quality (TCEQ) for allowing SpaceX to use its deluge launch system during Starship/Superheavy launches, claiming that dumping potable drinking water into the ground somehow damages the environment.

The groups — the South Texas Environmental Justice Network, along with the Carrizo/Comecrudo Nation of Texas, and Save RGV — filed the lawsuit Monday after the agency decided last month to allow SpaceX to continue its operations for 300 days or until the company obtained the appropriate permit.

These three groups represent only a very tiny handful of people in the Rio Grande Valley. The people the media interviews from Save RGV always includes the same persons, suggesting that few people in south Texas support it. The “Carrizo/Comecrudo Nation of Texas” in turn is a fake Indian tribe. It no longer exists, and when it did it existed in Mexico, not Texas. Finally, the “South Texas Environmental Justice Network” is simply an umbrella organization created on top of other two to make it appear they have more support than they do.

The real question that local journalists should be asking is where are these groups getting their money for all their lawsuits? I suspect it comes from outside the region, from leftist political organizations whose goals have nothing to do with the environment.

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Fringe activists in Texas sue SpaceX to prevent further launches of Starship/Superheavy

9:50 am

In an obvious attempt to block SpaceX’s effort to do the fifth Starship/Superheavy orbital test launch this coming weekend, a fringe activist group dubbed Save RGV has now sued the company, accusing it of using industrial wastewater in the launchpad’s deluge system that acts to minimize damage to the pad.

The suit, filed Wednesday in U.S. District Court for the Southern District of Texas, Brownsville Division, under the Clean Water Act (CWA), seeks declaratory and injunctive relief, the imposition of civil penalties and “other appropriate relief” to bring a halt to SpaceX’s “recurring, unpermitted discharges of untreated industrial wastewater from the deluge system at the SpaceX Boca Chica Launch Site into waters of the United States,” according to the suit.

According to SpaceX, water in the deluge system is potable drinking water. Moreover, in previous launches the company obtained all the proper licenses for its use, only to have the EPA subsequently step in and claim SpaceX had “violated the Clean Water Act in deploying the deluge system. The EPA did not assess a fine, but did order SpaceX to comply with federal regulations.” That action has forced the FAA to delay issuing any further launch licenses, even as of today.

I call Save RGV a fringe group because it has almost no support from within the Rio Grande Valley surrounding Boca Chica and Brownsville. That community is overwhelming in support of SpaceX’s efforts, and wants it to grow and expand, because of all the jobs and money it is bringing to the region.

This suit is clearly an attempt to forestall any launch license approval the FAA might want to issue for SpaceX’s desire to launch this weekend, on October 13, 2024. SpaceX is ready to go that day, and is now merely waiting for the FAA to “go!”.

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Activists file lawsuit to prevent land swap at Boca Chica

2:51 pm

The same collection of activists who have been waging lawfare against SpaceX’s Boca Chica rocket facility have now filed a new lawsuit, this time against the Texas Parks and Wildlife Commission (TPWD) in order to block an approved land swap that gives SpaceX 43 acres of a Boca Chica state park in exchange for receiving 477 acres nearby.

The South Texas Environmental Justice Network, the Carrizo Comecrudo Tribe of Texas, and Save RGV banded together for a lawsuit filed in the District Court of Travis County on April 3. The suit alleges that Texas Parks and Wildlife violated statutory requirements for the proposal, including the requirement to consider alternatives to giving away public park land; the requirement to ensure the minimization of harm to the public park land; and the requirement to consider the best interests of the local community and TPWD.

These jokers represent very few people in south Texas. Worse, the so-called “Carrizo Comecrudo Tribe of Texas” was in Mexico, not Texas, when it existed. The corporation that exists now is a front for filing these lawsuits, taking advantage of the numerous DEI regulations that now exist to favor such minorities.

That the commission approved the swap unanimously, despite heavy pressure from these groups, illustrates the larger support in Texas for what SpaceX is doing. Expect the Texas courts to endorse that support as well. All these suits will do is delay, delay, delay.

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SpaceX announces plans to build $100 million office complex in Brownsville

10:13 am

According to a filing with the Texas Department of Regulations and Licensing, SpaceX is now planning a $100 million office complex in Brownsville, Texas, in addition to the extensive facilities it is building nearby at its launch site at Boca Chica.

Just a few miles away from its launch site, SpaceX will construct the multimillion-dollar office inside an industrial factory. It will be located at 52198 San Martin Blvd., Brownsville, TX 78521, according to the Texas Department of Regulations and Licensing filing.

Construction is slated to begin this month and is expected to have just under a year turnaround. An estimated start date is listed as February 23, with a completion date of January 1, 2025, according to the TDLR filing. All TDLR filings are subject to change.

It seems to me that the activist group Save RGV (Rio Grand Valley) that is suing SpaceX to shut down Boca Chica is acting to destroy this region, not save it. Before SpaceX showed up the economy of Brownsville and the Rio Grand Valley was very depressed and going nowhere. SpaceX has brought in billions in investment capital as well as tens of thousands of new jobs.

One wonders how any court can rule in favor of Save RGV’s lawsuit that seeks to prevent any future temporary beach closures at Boca Chica and thus outlaw any further launches. Such a ruling would essentially shut down much of what SpaceX is doing in the Brownsville region, and would result in the destruction of this new economic growth.

Such a ruling seems insane, but we should not ignore its possibility. Stupider decisions by courts have been made many times in the past. And it does appear we live in very stupid times.

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Texas state court rules in favor of activist lawsuit against SpaceX

9:00 am

The activists who sued SpaceX and local authorities, claiming the beach closures required during tests and launches at Boca Chica violate the Texas constitution, have had their lawsuit reinstated by a higher state court after a lower court had dismissed it.

Texas’ 13th district court of appeals ruled in favor of SaveRGV, the Sierra Club and the Carrizo/Comecrudo Nation of Texas in suits alleging that a 2013 state law allowing beach closures for space flight activities goes against the Open Beaches Amendment to the Texas Constitution.

In July 2022, Cameron County’s 445th District Court dismissed the coalition’s lawsuit, saying the organizations lacked standing in their complaint against Texas Land Commissioner Dr. Dawn Buckingham, the Texas Land Office, Cameron County and Texas Attorney General Ken Paxton.

The appeals court reversed that decision Thursday, allowing the lawsuit to proceed.

The lawsuit still must be litigated, so these activists have not yet won their case. However, this decision might prevent further beach closures while the case plays out in the courts, which would essentially shut down any further tests or launches at Boca Chica. If so, it will not matter if the FAA finally finishes its paperwork and approves a third test launch of Starship/Superheavy later this month. The launch will not be possible.

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Surprise! Activist objections force delay in land swap at Boca Chica

10:02 am

Due to objections by activist organizations opposed to SpaceX’s entire operation at Boca Chica, the Texas Parks and Wildlife Department has delayed the vote on the land swap with SpaceX where the company hands over 447 acres nearby and gets 47 acres of state parkland adjacent to the company’s Starship launch site.

Parks and wildlife commissioners were set to vote on the plan Thursday morning but the item was withdrawn from the agenda after they were hit with criticism from concerned residents, county officials and environmental groups including the Sierra Club Lone Star Chapter and SaveRGV. Many called on the state to table the proposal to allow more time for public disclosure and discussion.

Parks and Wildlife received 1,039 comments opposing the the proposal and 263 in support.

Both Save RGV and the Sierra Club have participated in lawsuits against SpaceX and the FAA, attempting to shut down all commercial space operations at Boca Chica. Officials from local Cameron County also had objections to the swap, apparently because it had plans to buy the land SpaceX was giving to the federal government as a wildlife refuge.

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Environmental groups file another complaint attempting to stop SpaceX launches at Boca Chica

3:45 pm

In what is now becoming a routine process of harassment, several environmental groups have filed another complaint against the FAA and Fish & Wildlife for eventually issuing a second launch license to SpaceX, permitting it to do its mid-November second orbital test launch of its Starship/Superheavy rocket from Boca Chica, Texas.

In the supplemental complaint, the groups — Center for Biological Diversity, American Bird Conservancy, Carrizo/Comecrudo Nation of Texas, Inc., Save RGV and Surfrider Foundation — allege the FAA failed to properly analyze the environmental impacts of the first Starship launch before issuing a revised license for the second launch that took place Nov. 18.

That new licensing process included an environmental review by the U.S. Fish and Wildlife Service (FWS) regarding a pad deluge system that SpaceX installed on the pad to prevent damage like that the pad suffered during the first launch. The FWS concluded that the deluge system would produce no significant environmental changes.

The environmental groups argue that both FAA and FWS fell short of what was required under the National Environmental Policy Act (NEPA) to review the environmental impacts of Starship launches. The FAA, it stated in the complaint, “once again failed to take the requisite ‘hard look’ at the impacts of the Starship/Superheavy launch program through a supplemental NEPA analysis.”

Let me translate what this complaint really says, and I can do it only a few words: “Your review didn’t come to the conclusions we want — which is to block all work by SpaceX — so that we can do what we want!” Both the American Bird Conservancy and the Surfrider Foundation simply want unlimited access to the region for their own recreation, while the Center of Biological Diversity is only interested in stopping all human development anywhere — until it can settle its frequent lawsuits against the government and pocket its payoff.

As for Carrizo/Comecrudo Nation of Texas and Save RGV, both are bogus organizations. The first is for a almost non-existent Indian tribe that never even lived in this area (they were based in Mexico), and the second claims it represents the people of the south Texas region who want SpaceX’s work stopped. Since almost everyone in Brownsville and throughout the region is celebrating the new prosperity brought to them by SpaceX, it is essentially a front group for the Marxist environmental movement that hates all prosperity. It doesn’t represent anyone really in south Texas.

As before, this complaint will have to be fought, wasting time and money.

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Environmentalists sue FAA, demanding it shut down Boca Chica and Starship

12:10 pm

Starship/Superheavy at T+4:02, just after the self-destruct command was issued
Starship/Superheavy at T+4:02, just after the self-destruct command
was issued on April 20, 2023. It also appears to be the fate of SpaceX’s
entire Boca Chica operation, if the environmental radicals get their way.

A group of environmental groups as well as a non-profit corporation calling itself the Carrizo/Comecrudo Nation of Texas, Inc, today filed a lawsuit against the Federal Aviation Administration FAA), demanding it shut down SpaceX’s Boca Chica facility and block all further Superheavy/Starship launches.

You can read the lawsuit here [pdf]. Its essence is contained in these two paragraphs:

The area surrounding the SpaceX facility at Boca Chica is a biologically diverse and essential habitat area for many species, including federally protected wildlife and animals that are considered sacred to the Carrizo/Comecrudo People, such as the critically endangered ocelot. The SpaceX facility is smack in the middle of publicly owned conservation, park, and recreation lands, including a National Wildlife Refuge, two State Parks, a State Wildlife Management Area, and a State Coastal Preserve. These lands are of extraordinary conservation value for a range of federally and state lists wildlife and other protected species such as migratory birds. Bird species from both the Central and Mississippi flyways converge there, making it an essential wintering and stopover area for migratory birds as they move north and south each year.

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).

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

9:45 am

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 KRGV.com (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.

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Environmentalists sue local Boca Chica officials for closing beaches for SpaceX

9:27 am

Muskhate: The Sierra Club and other environmental groups have now sued a variety of local Boca Chica government agencies for periodically closing the beaches during hazardous SpaceX operations.

The Sierra Club, the Carrizo/Comecrudo Tribe of Texas and non-profit Save RGV have joined together in a lawsuit against the Texas General Land Office, Texas land commissioner George P. Bush and Cameron County in Texas for closing Boca Chica Beach periodically for SpaceX operations during Starship tests, the Sierra Club stated May 5. The Boca Chica beach is near SpaceX’s Starbase facility, where it is building Starship rocket prototypes and their massive Super Heavy boosters.

“Restricting access to a public beach, as the defendants have done, violates the Texas constitution,” the Sierra Club said in a statement. None of the allegations have been proven in court, and the statement does not name SpaceX among the entities pursued in the lawsuit.

These are the same groups that have been lobbying government officials for the past few years to shut SpaceX down. They claim that a change to the state’s laws allowing these closures that was passed in 2013 violates the state’s constitution, and want the courts to agree.

Of course, we all know these organizations really have no interest in keeping the beaches open for public use. What they really want is to shut down SpaceX in Boca Chica, because that company is actually doing something exciting and innovative while bringing billions of investment capital to the Rio Grand Valley, including tens of thousands of new jobs. (The group called “Save RGV” is especially ironic and dishonest, since RGV stands for Rio Grand Valley. If their effort succeeded, they would not save RGV, but destroy it. All those jobs and billions would vanish, leaving the area as depressed and as poor as it has been now for decades.)

These groups also wish to destroy Elon Musk, because he has recently made it clear that he no longer is a knee-jerk supporter of all leftist causes.

Nor will their effort cease should they lose this case in court. They will do what environmental groups have done now for decades, find another minor legal issue and sue again, and again, and again, and again.

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FAA, local Texas DA, and environmental group out to get SpaceX and Starship

10:16 am

Two news articles today suggest that a number of government officials, environmental groups, and some news media are beginning to team up to damage SpaceX and hinder its ability to succeed.

First we have this Verge article, aimed at suggesting that SpaceX violated its launch license and ignored FAA warnings not to launch during a December 9th test flight of the eighth Starship prototype.

Minutes before liftoff, Elon Musk’s SpaceX ignored at least two warnings from the Federal Aviation Administration that launching its first high-altitude Starship prototype last December would violate the company’s launch license, confidential documents and letters obtained by The Verge show. And while SpaceX was under investigation, it told the FAA that the agency’s software was a “source of frustration” that has been “shown to be inaccurate at times or overly conservative,” according to the documents.

The article generally takes the side of the FAA, suggesting that SpaceX was lax and nonchalant about the risks relating to weather and launch conditions, and proceeded with its launch even though FAA officials thought it unsafe. It also quotes Wayne Monteith, the head of the FAA’s space division, blasting SpaceX for showing “a concerning lack of operational control and process discipline that is inconsistent with a strong safety culture,” claiming that FAA software showed a risk to nearby buildings and homes should the rocket explode in the air.

However, buried far down in the article it also notes,
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