McALLEN, Texas — Multiple Rio Grande Valley environmental groups are suing the Texas Commission on Environmental Quality (TCEQ), arguing that it exceeded its authority when it allowed Elon Musk’s SpaceX to discharge wastewater at its South Texas launch site without a permit.
The Carrizo/Comecrudo Nation of Texas, Inc., Save RGV and the South Texas Environmental Justice Network filed the suit Monday in the 126th District Court of Travis County.
The groups filed the suit after TCEQ in November authorized SpaceX to discharge deluge water without a permit for 300 days or until it obtains the permit.
In the suit, the groups say TCEQ’s decision “was in excess of the agency’s statutory authority; it was made through unlawful procedure; it was affected by error of law; it was arbitrary and capricious and characterized by an abuse of discretion.”
TCEQ flagged SpaceX in August over releasing industrial wastewater without a permit when conducting Starship launches on four separate occasions. SpaceX countered those claims.
In October, Save RGV filed a separate suit against SpaceX, alleging it polluted Boca Chica Beach in Brownsville and violated the Clean Water Act through its deluge system.
According to SpaceX, the system is meant to absorb heat and vibrations from engines during rocket launches and “causes no harm to the environment.”
“SpaceX has knowingly committed a violation of the Clean Water Act every time it has activated its fire-suppressant 'deluge system' at the launch pad, by discharging industrial wastewater without a permit,” reads a statement from Save RGV’s website.
The lawsuit includes statements from Brownsville residents or those familiar with the area who are concerned with the discharge of deluge water due to its impact on local wildlife.
“Since SpaceX launches began, Ms. Branch has noticed a decline in both the vegetative cover and the numbers of birds and pollinators,” the lawsuit reads.