MCALLEN, Texas — Various environmental organizations from the Rio Grande Valley have initiated a lawsuit against the Texas Commission on Environmental Quality (TCEQ), claiming that the agency has circumvented state regulations by permitting SpaceX to temporarily release industrial water at its launch site in South Texas without an appropriate permit.
The organizations, including the South Texas Environmental Justice Network, the Carrizo/Comecrudo Nation of Texas, and Save RGV, filed the lawsuit on Monday. This action comes in response to TCEQ’s recent decision to allow SpaceX to carry on with its operations for a period of 300 days or until the company secures the necessary permitting.
This lawsuit is just one of several legal actions taken by environmental advocates aiming to mitigate the potential environmental repercussions of SpaceX’s activities in Boca Chica, located at the southernmost part of Texas.
Earlier this year, the TCEQ issued a citation to SpaceX for discharging water into adjacent waterways, a practice employed to protect the launchpad from heat-related damage during four Starship launches. While SpaceX did not concede to any wrongdoing, the company agreed to pay a fine of $3,750, part of which has been postponed until the company procures the relevant permit and ensures that future water discharges adhere to pollution regulations.
The legal groups assert that permitting SpaceX’s continued operations infringes upon regulatory requirements and that the TCEQ is exceeding its jurisdiction. “The Clean Water Act mandates the TCEQ to adhere to specific procedural and technical guidelines when granting discharge permits to safeguard public involvement and compliance with Texas surface water quality standards,” stated Lauren Ice, the attorney representing the three Rio Grande Valley organizations.
“By neglecting these essential requirements, the Commission has jeopardized the ecological integrity of the Boca Chica area,” Ice added.
A representative from TCEQ indicated that the agency is unable to provide comments on ongoing litigation.
Additionally, some of the concerned groups from the Rio Grande Valley are engaged in a separate lawsuit against the Federal Aviation Administration, which they accuse of failing to perform an environmental assessment regarding SpaceX’s rocket test launch conducted in April. This case is still awaiting resolution in federal court.
Furthermore, they have also taken legal action against the Texas Parks and Wildlife Department for its agreement to a land swap that would have allocated 43 acres of Boca Chica State Park to SpaceX in exchange for 477 acres adjacent to the Laguna Atascosa National Wildlife Refuge. However, SpaceX ultimately canceled this agreement in November.