Activists file lawsuit to prevent land swap at Boca Chica

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.

Texas state court rules in favor of activist lawsuit against SpaceX

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.

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 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.