South Texas groups sue TCEQ for temporarily allowing SpaceX to discharge industrial water without a permit

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McALLEN — Rio Grande Valley groups are suing the Texas Commission on Environmental Quality, accusing the agency of bypassing state regulations by allowing SpaceX to temporarily discharge industrial water at its South Texas launch site without a proper permit.

The groups — the South Texas Environmental Justice Network, along with the Carrizo/Comecrudo Nation of Texas, and Save RGV — filed the lawsuit Monday after the agency decided last month to allow SpaceX to continue its operations for 300 days or until the company obtained the appropriate permit.

It is the latest in a string of lawsuits filed by environmental groups aimed at curbing the possible environmental impacts of SpaceX’s operations at Boca Chica on the southern tip of Texas.

Earlier this year, TCEQ cited SpaceX for discharging water into nearby waterways after it was used to protect the launchpad from heat damage during Starship launches four times this year.

SpaceX did not admit to any violation but agreed to pay a $3,750 penalty. Part of the penalty was deferred until SpaceX obtains the proper permit and on the condition that future water discharges meet pollution restrictions.

The environmental groups say that allowing SpaceX to continue is a violation of permitting requirements and that TCEQ is acting outside of its authority.

“The Clean Water Act requires the TCEQ to follow certain procedural and technical requirements when issuing discharge permits meant to protect public participation and ensure compliance with Texas surface water quality standards," Lauren Ice, the attorney for the three Rio Grande Valley organizations, said in a statement.

"By bypassing these requirements, the Commission has put the Boca Chica environment at risk of degradation," Ice said.

A TCEQ spokesperson said the agency cannot comment on pending litigation.

Some of the Rio Grande Valley groups are also involved in a lawsuit against the Federal Aviation Administration for allegedly failing to conduct an environmental review of SpaceX's rocket test launch in April. The case remains pending in federal court.

They also sued the Texas Parks and Wildlife Department for agreeing to a land exchange that would give 43 acres of Boca Chica State Park to SpaceX in exchange for 477 acres adjacent to Laguna Atascosa National Wildlife Refuge. SpaceX canceled the deal in November.

Reporting in the Rio Grande Valley is supported in part by the Methodist Healthcare Ministries of South Texas, Inc.

Disclosure: Texas Parks And Wildlife Department has been a financial supporter of The Texas Tribune, a nonprofit, nonpartisan news organization that is funded in part by donations from members, foundations and corporate sponsors. Financial supporters play no role in the Tribune's journalism. Find a complete list of them here.