Save RGV sues SpaceX, alleges industrial wastewater discharge

Save RGV sues SpaceX, alleges industrial wastewater discharge

Days before a possible test launch of Starship from SpaceX’s Boca Chica launch site, the nonprofit, local environmental group Save RGV has filed a lawsuit in federal court against SpaceX over the alleged release of untreated industrial wastewater at the facility.

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.

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The launch site’s water deluge system is designed to dampen the effects of rocket engine blast during liftoff and static fire engine testing.

Save RGV sues SpaceX, alleges industrial wastewater discharge 1
A view of the launch pad at SpaceX’s Starbase at Boca Chica Beach on Wednesday, Oct. 9, 2024. (Miguel Roberts/The Brownsville Herald)

Save RGV said it had sent a June 4 letter via certified mail to Gwynne Shotwell, SpaceX president and chief operating officer, giving notice of the violations contained in the complaint and stating its intention to file suit after 60 days “should those violations continue.”

On July 19, Save RGV sent another letter via certified mail to Shotwell — and also Boca Chica launch site General Manager Kathy Lueders — giving notice of additional violations identified in the complaint, and again giving notice of intention to sue after 60 days if the alleged violations continued.

Copies of the letters also were sent to the administrator of the Environmental Protection Agency, regional administrator for EPA Region 6, the Justice Department, the state of Texas through the attorney general, and the executive director of the Texas Commission on Environmental Quality. The lawsuit claims that “neither the EPA nor the State has commenced or is diligently prosecuting an action to redress the violations described in Save RGV’s notice letters and alleged in this Complaint.”

Further, the violations are “continuing at this time and are reasonably likely to continue in the future,” according to the suit.

SpaceX has argued that it has never operated the deluge system without permission from state and federal authorities, though on March 13 the EPA notified SpaceX that the company 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.

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A view along St. Jude Street at SpaceX’s Starbase at Boca Chica Beach on Wednesday, Oct. 9, 2024. (Miguel Roberts/The Brownsville Herald)

SpaceX deployed the system again the following day during liftoff for its third Starship test flight. The company deployed the system for three test flights, and tested the system multiple times between launches, before applying to TCEQ for a permit.

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In late August, TCEQ assessed a $3,750 fine against SpaceX for what the agency said was the illegal discharge of wastewater into wetlands surrounding the website after TCEQ learned the company had not applied for a Texas Pollutant Discharge Elimination System (TPDES) permit before operating the deluge system.

On Aug. 30, SpaceX CEO Elon Musk posted on X, the social media company he owns, “Just to be clear, this silly fine was for spilling potable drinking water! Literally, you could drink it.”

What Save RGV describes as untreated industrial wastewater releases by SpaceX “degrade water quality and harm aquatic life in these waters and thus impair Save RGV’s members’ use and enjoyment of the waters,” according to the suit. “SpaceX’s industrial discharges from its deluge system are ongoing and continuous, occurring regularly during each launch and each static fire test.”

Save RGV sues SpaceX, alleges industrial wastewater discharge 3
A view of Starbase at Boca Chica Beach on Wednesday, Oct. 9, 2024. (Miguel Roberts/The Brownsville Herald)

Injuries to Save RGV are “unlikely to be redressed except by an order from this Court requiring Defendant to take immediate and substantial action to stop the unpermitted discharges, and to comply with other relief that this Court deems necessary,” according to the lawsuit.

TCEQ published a legal notice on Wednesday in The Brownsville Herald announcing a Nov. 14 to gather public input on SpaceX’s application for a permit for a TPDES permit, which would “authorize the discharge of treated domestic wastewater … not to exceed 200,000 gallons per day.” TCEQ said it received the application on May 10, 2023.

The public meeting is scheduled for Nov. 14 at 7 p.m. at Amigoland Events Center, 1010 Mexico Blvd., in Brownsville.

SpaceX has announced its fifth Starship test flight from Boca Chica could take place as early as Sunday, with alternate dates on Monday and Tuesday.

The post Save RGV sues SpaceX, alleges industrial wastewater discharge appeared first on MyRGV.com.

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