Parabolic Arc By Doug Messier July 6, 2023
The Federal Aviation Administration (FAA) and SpaceX are seeking the dismissal of a lawsuit filed by a coalition of environmental groups and an Native American nation that wants Starship/Super Heavy rocket launches from the Starbase spaceport in Texas suspended until a new environmental review of the area is conducted.
In separate responses to the lawsuit filed on Friday, the FAA and SpaceX claim the plaintiffs “have failed to state a claim upon which relief may be granted” and lack any standing to sue. The responses also claim that the plaintiffs have failed to exhaust unspecified administrative remedies before filing the lawsuit.
SpaceX is also claiming that “plaintiffs’ claim is barred in whole or in part under the doctrine of laches.” Oxford Languages defines laches as an “unreasonable delay in making an assertion or claim, such as asserting a right, claiming a privilege, or making an application for redress, which may result in refusal.”
On May 1, a group of environmental organizations and a Native American nation sued the FAA in Federal District Court claiming that its approval of Starship/Super Heavy from SpaceX’s Starbase facility violated the National Environmental Policy Act (NEPA). Plaintiffs in the lawsuit include the Center for Biological Diversity, American Bird Conservancy, Surfrider Foundation, Save RGV, and the Carizzo/Comecrudo Nation of Texas, Inc.
The FAA approved the launch site “without complying with bedrock federal environmental law, without fully analyzing the significant environmental and community impacts of the SpaceX launch program — including destruction of some of the most vital migratory bird habitat in North America — and without requiring mitigation sufficient to offset those impacts,” the lawsuit claimed.
Starbase is located close to a national wildlife refuge, state wildlife management area, state coastal preserve, and two state parks. The area is home to endangered and protected species.
“SpaceX denies the allegation…that ‘species [] are imperiled by SpaceX activities,'” the company said in its response.
More:
https://parabolicarc.com/2023/07/06/faa-spacex-seek-starbase-lawsuit-dismissed/
