Environmental organizations reach out to FAA regarding SpaceX’s impact on wildlife 

BOCA CHICA, Texas (ValleyCentral) — Save RGV and other organizations have sent a letter to the Federal Aviation Administration claiming SpaceX has unlawfully destroyed migratory birds.

The letter was also sent on behalf of the Center for Biological Diversity, the American Bird Conservancy, the Surfrider Foundation, and the Carrizo Comecrudo Nation of Texas, Inc. It focuses on the June 6 test launch of SpaceX's Starship.

The document states the launch resulted in the documented unlawful destruction of migratory bird nests that are protected by the Migratory Bird Treaty Act.

"Accordingly, the U.S. Fish and Wildlife Service should take appropriate enforcement action to ensure that rocket launches do not continue to break the law, and the Federal Aviation Administration ("FAA") may not lawfully authorize further launches until the SpaceX program is brought into compliance with the MBTA," the letter states.

A report issued by the Coastal Bend Bays & Estuaries Program on June 6 reported extensive damage to active migratory bird nests at Boca Chica, immediately following the fourth Starship launch.

"[Nine] shorebird nests monitored following the rocket launch on June 6 were either missing eggs, had damaged eggs, or both. This damage violates the MBTA, which provides that, unless authorized by FWS, it is "unlawful at any time, by means or in any manner to kill or take any migratory bird, nest or egg of any such bird."

The Department of the Interior and FWS have agreed with court rulings that the statute is not limited to actions directed at migratory birds but, rather, encompasses activities that foreseeable result in the unauthorized killing of migratory birds and the destruction of their nests and eggs, the letter stated.

The letter then stated that it is not only foreseeable but inevitable that SpaceX's launches will result in further violations of the MBTA. It then referenced the April 20, 2023 launch and how it "resulted in a significant anomaly, widespread, heavy debris falling as far as 6.5 miles from the launch pad, a debris cloud of pulverized concrete, fire and other impacts."

The New York Times also conducted an investigation that confirms the impacts of SpaceX's activities at Boca Chica have never been appropriately analyzed as required under NEPA and the Endangered Species Act, the letter states.

The letter is asking for the Justice Department and FWS to take appropriate enforcement action against SpaceX over the violations and that the FAA cannot authorize and further launches without itself violating the MBTA and the Administrative Procedure Act.

"It is now clearer than ever that SpaceX launches are having significant, unmitigated adverse environmental impacts. A full Environmental Impact Statement, with appropriate public input from FWS and all those affected by the launches, is essential before any further launches can be authorized, including the proposed increases announced by the FAA on July 12. SpaceX's activities are not immune from the operation of federal environmental laws. The federal agencies responsible for enforcing these laws must stop behaving as if they are."

Despite the push back from environmental groups, it appears SpaceX is here to stay in South Texas. Just last week, Elon Musk, SpaceX CEO, took to X to announce he would be moving SpaceX Headquarters to Texas.

ValleyCentral reached out to SpaceX for comment on the letter, but has yet to hear back.