Judge denies environmental group’s request to halt SpaceX launches

A federal judge in Brownsville last week denied an environmental group’s request for a temporary restraining order or preliminary injunction against SpaceX over its water deluge system used during launches at Starbase at Boca Chica Beach.

U.S. District Judge Rolando Olvera issued his ruling last Thursday in response to the request filed by Save RGV on Oct. 9.

The group has alleged that SpaceX’s water deluge system is releasing untreated industrial wastewater during launches and sought to halt the launches.

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

“At the beginning of the Starship-Super Heavy Launch System’s development, it became evident that a deluge water system was necessary to protect the launch site and surrounding areas during launches,” Olvera wrote in the order. “A deluge water system sprays large quantities of potable water at the base of the spacecrafts during launch to prevent fires and reduce dispersal of dust and debris.

“Because of these dangers, Defendant cannot launch its spacecrafts without the deluge water system.”

Save RGV had alleged SpaceX was operating the system without the proper permits. That’s true. However, Olvera ruled that this was a “good faith mistake” and that SpaceX is required to obtain the proper permit for the deluge water system.

As evidence of this, Olvera found that SpaceX paid a significant civil penalty; applied for the proper permit; that the Texas Commission on Environmental Quality, or TCEQ, reviewed the permit application and that the deluge system does not cause adverse risk to the environment; and that TCEQ allowed SpaceX to continue using the system pending approval of its application for the proper permit.

“The evidence also suggests that Defendant’s technical violations are not causing any appreciable harm to the environment,” Olvera wrote, explaining that the system has been reviewed by multiple government agencies, including the Federal Aviation Administration, or FAA, the U.S. Fish and Wildlife Service, or USFW, and TCEQ.

Olvera said that the FAA found no significant impact on the environment or resources while USFW found that the system could reduce the risk of harm to species during the launches.

“And, most significantly, TCEQ found that Defendant should be able to continue using the deluge system pending approval of their new permit application because there are no significant environmental effects,” Olvera wrote.

The federal judge also determined that SpaceX would incur significant harm if he issued a temporary restraining order or temporary injunction.

“Being unable to launch would create various consequences for not only Defendant, but also the public at large,” Olvera wrote. “It would significantly delay and possibly destroy Defendant’s contracts with NASA to further the Artemis Program and Human Landing System Program—worth billions of dollars.”

The program aims to bring humans back to the moon for the first time since 1972 and has an ambitious schedule, which the Government Accountability Office found would likely not meet a planned 2025 landing date for the first leg of the mission.

An initial hearing in the litigation is scheduled for February.

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