Author Topic: Environmental groups sue FAA over Starship approval  (Read 216045 times)

Offline FutureSpaceTourist

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Updates and discussion thread for legal case:

https://twitter.com/joroulette/status/1653077755951562763

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Environmental groups sued the FAA today in federal court over its approval of SpaceX's expanded Starship launch operations next to a national wildlife refuge in South Texas without requiring greater environmental study. On @Reuters wire
« Last Edit: 07/30/2024 09:32 pm by zubenelgenubi »

Offline whitelancer64

Re: Environmental groups sue FAA over SS approval
« Reply #1 on: 05/01/2023 04:52 pm »
Link to Reuters article:

https://www.reuters.com/technology/space/environmentalists-sue-faa-over-spacex-launch-license-texas-2023-05-01/

"The 31-page suit was brought in federal court in the District of Columbia by the Center for Biological Diversity, the American Bird Conservancy, Surfrider Foundation, Save RGV (Rio Grand Valley), and the Carrizo/Comecrudo Nation.

The plaintiffs seek a court order vacating the finding of no significant impact and requiring a full EIS before further launches are conducted."
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Online Robotbeat

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Re: Environmental groups sue FAA over SS approval
« Reply #2 on: 05/01/2023 04:55 pm »
Updates and discussion thread for legal case:

https://twitter.com/joroulette/status/1653077755951562763

Quote
Environmental groups sued the FAA today in federal court over its approval of SpaceX's expanded Starship launch operations next to a national wildlife refuge in South Texas without requiring greater environmental study. On @Reuters wire
If SpaceX had waited the 2-3 months to install the flame trench, they may well have been stopped from flying while this gets taken care of in court. It was strongly suspected these groups were planning to file as soon as they could after the FAA launch license was announced.

I’m sure it will now be spun as purely a result of SpaceX‘s launch having more damage to the launch mount than expected (“oh, but see?? They should’ve waited!”) but the lack of any significant wildlife harm even with such an anomaly is vindication of the FAA’s decision.

There was extensive study. There is ongoing efforts to study more. The FAA was right, these groups are wrong.
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Offline FutureSpaceTourist

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Re: Environmental groups sue FAA over SS approval
« Reply #3 on: 05/01/2023 04:56 pm »
https://abcbirds.org/news/spacex-lawsuit/

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Lawsuit Aims to Protect Texas Wildlife Habitat, Beach Access From More Exploding Rockets
Regulators Failed to Address Dangers of SpaceX Launches at Boca Chica
May 1, 2023 · American Bird Conservancy

Following a massive rocket explosion in South Texas, national and local environmental groups and the Carrizo/Comecrudo Nation of Texas, Inc. sued the Federal Aviation Administration today for failing to fully analyze and mitigate the environmental harms resulting from the SpaceX Starship/Super Heavy launch program at Boca Chica.

The launch site sits next to prime habitat for protected species and migratory birds, like the Kemp's Ridley Sea Turtle and the Piping Plover. The first rocket to be launched from the site as part of the program exploded on April 20, showering the surrounding area with particulate matter.

The agency permitted SpaceX to launch 20 Starship/Super Heavy rockets each year for the next five years. They are the largest rockets ever made, and they are being launched right next to crucial habitat, putting imperiled wildlife at great risk and harming community interests. Despite acknowledging the harm from SpaceX construction and launch activities, the FAA decided to forego a full environmental review, claiming the damages would not be “significant” due to proposed mitigation measures.

Today's lawsuit argues that the proposed mitigation by the agency isn't enough to prevent the launch program from causing significant environmental harm. The agency hasn't explained how mitigation would address and prevent rocket explosions and fires that could wipe out neighboring habitat. The suit calls for a full environmental analysis to truly protect Threatened and Endangered species and ensure public beach access for all people.

“It's vital that we protect life on Earth even as we look to the stars in this modern era of spaceflight,” said Jared Margolis, a senior attorney at the Center for Biological Diversity. “Federal officials should defend vulnerable wildlife and frontline communities, not give a pass to corporate interests that want to use treasured coastal landscapes as a dumping ground for space waste.”

SpaceX's Boca Chica launch site is surrounded by state parks, National Wildlife Refuge lands, and important habitat for imperiled wildlife, including Piping Plovers, Northern Aplomado Falcons, Gulf Coast Jaguarundi, Ocelots and Critically Endangered sea turtles. Rocket launches and explosions cause significant harm through increased vehicle traffic and the intense heat, noise, and light pollution from construction and launch activities. Rocket explosions spread debris across surrounding habitat and have caused brush fires.

The Boca Chica area is one of the most biologically diverse regions in North America. Bird species from both the Central and Mississippi flyways converge there, making it an essential wintering and stopover habitat for migratory birds as they move north and south each year. Shorebirds are showing the most dramatic population declines out of any group of birds. It is also one of the few places where the Kemp's Ridley Sea Turtle — the most Critically Endangered sea turtle in the world — comes ashore to nest on refuge beaches in the spring and summer.

“By now, most people know that birds are in serious decline — and shorebirds like those that rely on Boca Chica are among the fastest-disappearing,” said Michael J. Parr, president of American Bird Conservancy. “Overall, we've lost nearly 3 billion birds from the United States and Canada since 1970. At what point do we say, ‘Space exploration is great, but we need to save habitats here on Earth as a top priority?' For the sake of future generations, let's protect the healthy habitats we have left instead of treating them as waste places for pollution and fuselages.”

The SpaceX Starship/Super Heavy project also greatly reduces the public's ability to access and enjoy the refuge and park lands adjacent to the project site. This includes Boca Chica State Park and Beach, a popular public beach on an 8-mile stretch of sand.

It is one of the few undeveloped, no-cost public beaches in the area, and the closest to the city of Brownsville. The project would close the only public roadway connecting surrounding communities to the Boca Chica area for up to 800 hours annually, severely hindering the public and local communities from accessing the beach and important public trust resources.

“Eight hundred hours of closure fly in the face of the Texas Open Beaches Act, the state constitution, and Texans' rights to free and unrestricted access to Texas beaches," said Sarah Damron, senior regional manager for the Surfrider Foundation. "That's the equivalent of 20, 40-hour work weeks every year that Texans and visitors will be deprived of access to Boca Chica Beach. What's worse is that these closures can happen at almost any time with little to no notice to the public, so the beach, park lands and refuge lands are ostensibly closed to anyone who needs to make plans. This is an unacceptable loss to area residents and to the people of Texas.”

These closures have a significant impact on the local community, including the Carrizo/Comecrudo Nation's ability to hold traditional ceremonies and leave offerings for their ancestors.

“The Carrizo/Comecrudo people's sacred lands are once again being threatened by imperialist policies that treat our cultural heritage as less valuable than corporate interests,” said Juan Mancias, tribal chair of the Carrizo/Comecrudo Nation of Texas, Inc. “Boca Chica is central to our creation story. But we have been cut off from the land our ancestors lived on for thousands of years due to SpaceX, which is using our ancestral lands as a sacrifice zone for its rockets.”

Rockets explode frequently at the Boca Chica site, with at least eight exploding over the past five years. The agency expects that many more explosions will occur over the next five years. This puts people and wildlife at great risk, as shown by a recent fire caused by a Super Heavy rocket explosion that burned 68 acres of the adjacent national wildlife refuge, and another fire that burned 150 acres in July 2019.

“The administration's failure to fully analyze the dangers of a rocket test launch and manufacturing facility mere steps from the Lower Rio Grande National Wildlife Refuge and two state parks is an astonishingly bad decision,” Mary Angela Branch, board member at Save RGV. “So many Threatened and Endangered species are counting on the agency to get this right.”

The complaint also argues that the agency failed to fully consider the climate harms of fueling rockets with liquid methane — a potent greenhouse pollutant that may need to be vented into the atmosphere — and other community concerns.

Today's lawsuit was filed in federal district court in Washington, D.C., by the Center for Biological Diversity, American Bird Conservancy, Surfrider Foundation, Save RGV and the Carrizo/Comecrudo Nation of Texas, Inc.

###

Online Robotbeat

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Re: Environmental groups sue FAA over SS approval
« Reply #4 on: 05/01/2023 05:00 pm »
A sign of how ignorant (and possibly disingenuous) these groups are is the fact that they apparently think the rocket explosion at high altitude had any impact whatsoever on the ground in Texas (or at least are willing to write titles that dishonestly imply it).
« Last Edit: 05/01/2023 05:07 pm by Robotbeat »
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Offline FutureSpaceTourist

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Re: Environmental groups sue FAA over SS approval
« Reply #5 on: 05/01/2023 05:06 pm »
Law suit attached

Offline FutureSpaceTourist

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Re: Environmental groups sue FAA over SS approval
« Reply #6 on: 05/01/2023 05:08 pm »
This is the sort of case that I imagine could take some time to go through the courts. So presumably a key issue is whether an injunction against future launches is granted in the mean time, or if FAA policy is to not grant a further licence with a case pending.

Are there any precedents, either way, on this?
« Last Edit: 05/01/2023 05:08 pm by FutureSpaceTourist »

Online Robotbeat

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Re: Environmental groups sue FAA over SS approval
« Reply #7 on: 05/01/2023 05:09 pm »
Exaggerations of the lengths of closures… 800 hours of safety-related closures implies over 90% of the time, the beach is open.

And ironically, those closures are probably also more important for protecting the environment than any additional review the FAA and SpaceX could do.
« Last Edit: 05/01/2023 05:10 pm by Robotbeat »
Chris  Whoever loves correction loves knowledge, but he who hates reproof is stupid.

To the maximum extent practicable, the Federal Government shall plan missions to accommodate the space transportation services capabilities of United States commercial providers. US law http://goo.gl/YZYNt0

Online Robotbeat

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Re: Environmental groups sue FAA over SS approval
« Reply #8 on: 05/01/2023 05:12 pm »
Quote
The complaint also argues that the agency failed to fully consider the climate harms of fueling rockets with liquid methane — a potent greenhouse pollutant that may need to be vented into the atmosphere — and other community concerns.
This is blatantly false, I remember exactly where those things were analyzed in the EA. It’s also far better for the environment than what the launch site was originally going to use (and spill), ie kerosene.

In particular, page 17 of the pdf of the re-evaluation of the PEA summarized that they did analysis and showed now significant effects due to infrequency of launch, and yeah they even included venting of methane in cases where the vehicle breaks up:
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For unassisted descents where the vehicle would break up during descent through the atmosphere, as described in the 2022 PEA for expendable missions, residual fuel would be dispersed and evaporate. Based on the anticipated infrequency of the descent and landing activities, and the short time frame over which they would occur, GHG emissions would be negligible.
 17

Written Re‐Evaluation of the 2022 PEA for Starship/Super Heavy
 The operation of the detonation suppression system for launch would not result in an increase in the amount of air pollutant emissions reported in the 2022 PEA.
Accordingly, the data and analyses contained in the 2022 PEA remain substantially valid, and the Proposed Action would not result in significant climate impacts.
https://www.faa.gov/media/27236

I mean, we’re talking what, 1000 tons of methane in a launch stack? Even with a 100 year GWP equivalent of 25 times CO2, that’s still fairly small. Considering virtually all is burned up in a flight even when there’s a failure, let’s say 10-20% escapes burning, that’s still just 2500-5000t of CO2 equivalent. Basically, a couple large airliner flights. A visit by the President on board Air Force One (with escort and decoy, etc) would be about the same impact. (And I definitely agree we should tax CO2 and CO2 equivalent, but EA/EISes are not a substitute for that and would go beyond the authority of the FAA…. The NEPA used to have 25,000 tons of CO2 equivalent per year as a threshold for significant impact, and this is far below that if even some of the flights get near orbit… and this threshold was eliminated, although I think there is now some other guidance)

The more I read the complaints and the actual EA/EIS, the less plausible they are and the less worried I am by a long delay from this lawsuit.
« Last Edit: 05/01/2023 05:36 pm by Robotbeat »
Chris  Whoever loves correction loves knowledge, but he who hates reproof is stupid.

To the maximum extent practicable, the Federal Government shall plan missions to accommodate the space transportation services capabilities of United States commercial providers. US law http://goo.gl/YZYNt0

Offline InterestedEngineer

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Re: Environmental groups sue FAA over SS approval
« Reply #9 on: 05/01/2023 05:37 pm »
Quote
Surfrider Foundation

Well there's a renewal that won't be happening.

It's not even very good surfing off of Boca Chica, and the closure impacts are too small to worry about.

Offline Herb Schaltegger

Re: Environmental groups sue FAA over SS approval
« Reply #10 on: 05/01/2023 05:44 pm »
The more I read the complaints and the actual EA/EIS, the less plausible they are and the less worried I am by a long delay from this lawsuit.

The only delays engendered by a suit would be if the petitioners/plaintiffs can convince the presiding judge to grant an injunction. Otherwise it will just grind on below the public’s attention or interest like most every lawsuit in the world.
« Last Edit: 05/01/2023 05:44 pm by Herb Schaltegger »
Ad astra per aspirin ...

Online Robotbeat

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Re: Environmental groups sue FAA over SS approval
« Reply #11 on: 05/01/2023 05:54 pm »
The full PEA has a better and more complete analysis than mine. Worth reading before taking any of the Hail Mary claims by this lawsuit seriously.


https://www.faa.gov/sites/faa.gov/files/2022-06/PEA_for_SpaceX_Starship_Super_Heavy_at_Boca_Chica_FINAL.pdf

Claiming the FAA hasn’t considered this when they absolutely have is grounds for dismissing the lawsuit, since plaintiff clearly hasn’t bothered doing even basic homework.
Chris  Whoever loves correction loves knowledge, but he who hates reproof is stupid.

To the maximum extent practicable, the Federal Government shall plan missions to accommodate the space transportation services capabilities of United States commercial providers. US law http://goo.gl/YZYNt0

Online envy887

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Re: Environmental groups sue FAA over SS approval
« Reply #12 on: 05/01/2023 06:00 pm »
Lots of basic factual errors in the claims, including claiming that FAA approved a plan to launch 20 Starship/ SuperHeavy rockets per year when the actual approval was 5 per year, and claiming that SuperHeavy holds 3,700 tons of liquid methane, when the full stack holds less than 1,000 tons.

Online Robotbeat

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Re: Environmental groups sue FAA over SS approval
« Reply #13 on: 05/01/2023 06:04 pm »
Lots of basic factual errors in the claims, including claiming that FAA approved a plan to launch 20 Starship/ SuperHeavy rockets per year when the actual approval was 5 per year, and claiming that SuperHeavy holds 3,700 tons of liquid methane, when the full stack holds less than 1,000 tons.
Yeah, 20 per year was the old approval level for Falcon.
Chris  Whoever loves correction loves knowledge, but he who hates reproof is stupid.

To the maximum extent practicable, the Federal Government shall plan missions to accommodate the space transportation services capabilities of United States commercial providers. US law http://goo.gl/YZYNt0

Offline RedLineTrain

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Re: Environmental groups sue FAA over SS approval
« Reply #14 on: 05/01/2023 06:19 pm »
1) Are the litigants the usual large organizations, or is this a group of lesser organizations?

2) A complaint is usually a first draft on the claims.  So the mistakes on basic facts can be corrected, although this might have an impact on their preliminary injunction arguments.

Offline deadman1204

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Re: Environmental groups sue FAA over SS approval
« Reply #15 on: 05/01/2023 06:35 pm »
Lots of basic factual errors in the claims, including claiming that FAA approved a plan to launch 20 Starship/ SuperHeavy rockets per year when the actual approval was 5 per year, and claiming that SuperHeavy holds 3,700 tons of liquid methane, when the full stack holds less than 1,000 tons.
You miss-read. It says 20 in like 5 years.

Offline Spindog

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Re: Environmental groups sue FAA over SS approval
« Reply #16 on: 05/01/2023 06:36 pm »
Lawsuits like this are standard practice and expected from many environmental groups. And, I expected it regardless of any impacts from the first orbital launch attempt. There is almost never anything most people would consider a meaningful  or real environmental issue at stake. Worst is that they file in jurisdictions where they will have the most friendly judges they can find. Hopefully, in the case here, sensible judges will prevail and squash this quickly.

Offline InterestedEngineer

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Re: Environmental groups sue FAA over SS approval
« Reply #17 on: 05/01/2023 06:39 pm »
Lots of basic factual errors in the claims, including claiming that FAA approved a plan to launch 20 Starship/ SuperHeavy rockets per year when the actual approval was 5 per year, and claiming that SuperHeavy holds 3,700 tons of liquid methane, when the full stack holds less than 1,000 tons.
You miss-read. It says 20 in like 5 years.

Doesn't matter, they can't sue for something in the future that wasn't approved.

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Re: Environmental groups sue FAA over SS approval
« Reply #18 on: 05/01/2023 06:40 pm »
Lots of basic factual errors in the claims, including claiming that FAA approved a plan to launch 20 Starship/ SuperHeavy rockets per year when the actual approval was 5 per year, and claiming that SuperHeavy holds 3,700 tons of liquid methane, when the full stack holds less than 1,000 tons.
You miss-read. It says 20 in like 5 years.
Nope. It says PER YEAR.

This lawsuit can be thrown out as the plaintiffs haven’t done even basic level reading or analysis that any of the regulars here (including yourself) would’ve known better about.
Chris  Whoever loves correction loves knowledge, but he who hates reproof is stupid.

To the maximum extent practicable, the Federal Government shall plan missions to accommodate the space transportation services capabilities of United States commercial providers. US law http://goo.gl/YZYNt0

Offline InterestedEngineer

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Re: Environmental groups sue FAA over SS approval
« Reply #19 on: 05/01/2023 06:41 pm »
https://www.reuters.com/technology/space/environmentalists-sue-faa-over-spacex-launch-license-texas-2023-05-01/

Quote
one of several groups bringing the suit in federal court in the District of Columbia.

That's some fun court shopping.  Shouldn't they have to use a Texas federal court?

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