Tag: Sierra Club

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Parks and wildlife commissioners were set to vote on the plan Thursday morning but the item was withdrawn from the agenda after they were hit with criticism from concerned residents, county officials and environmental groups including the Sierra Club Lone Star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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Environmentalists appeal dismissal of their lawsuit against the FAA and SpaceX

10:14 am

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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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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Sierra Club official arrested for vandalizing Brownsville public mural with anti-SpaceX graffiti

11:02 am

Brownsville police today arrested Rebekah Lyn Hinojosa, a Sierra Club official, for spraying anti-SpaceX graffiti on the downtown mural painted by LA artist Teddy Kelly.

Hinojosa was taken into custody for spray painting the words “gentrified stop SpaceX” on a mural in downtown Brownsville. Hinojosa is the Senior Gulf Coast Campaign Representative for the Beyond Dirty Fuels Campaign, according to the Sierra Club website.

The level of ignorance illustrated by Hinojosa is difficult to measure. First, how can she think destroying art is no worse than “dirty fuels”?

Second, her belief that gentrification is somehow evil illustrates a truly profound close-mindedness and a refusal to notice that the prosperity that SpaceX is bringing Brownsville is helping everyone, poor and rich alike. She would be hard-pressed to find anyone who lives in Brownsville unhappy with SpaceX, if she made the slightest effort to ask — which she obviously does not wish to do.

Third, it appears she assumes her a short meaningless slogan constitutes a reasoned argument that will certainly change minds. And if she is right, we are truly doomed.

Hinojosa’s act however reveals the rising level of mindless hate against SpaceX’s achievements among the wine-and-cheese Democratic Party suburban crowd, the only people who really support leftist environmental organizations like the Sierra Club. They are beginning to marshal their forces to destroy the company, and sadly, their allies in the Democratic Party now control much of the government. At a minimum, expect serious delays at Boca Chica and with Starship due to this anti-capitalism campaign.

Hat tip to Robert Pratt of Pratt on Texas for letting me know about this story.

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