SpaceX launches to continue as Judge denies halt request

Federal Judge Rolando Olvera denied an environmental group’s request to halt SpaceX launches. Judge Olvera found no evidence to support the group’s arguments and concluded that SpaceX launches should continue. 

On October 9, 2024, environmental group Save RGV submitted a request for a temporary restraining order or preliminary injunction against SpaceX. Save RGV argued that the water deluge system SpaceX uses during launches at Starbase near Boca Chica Beach was releasing untreated wastewater during launches. 

However, the water deluge system is designed to reduce the effects of Starship rocket engine blasts during liftoff or static fire engine testing. The Federal Judge concluded that SpaceX cannot launch its rockets without its deluge water system.

“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.

“A deluge water system sprays large quantities of potable water at the base of the spacecraft during launch to prevent fires and reduce dispersal of dust and debris,” Judge Olvera wrote in his order.

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The group also alleged SpaceX was operating its water deluge system without proper permits, hence the request for a temporary restraining order or preliminary injunction. Judge Olvera concluded that SpaceX’s committed a “good faith mistake.” He ruled that the aerospace company must obtain the proper permit for its deluge water system. 

The Federal Judge based his decision on evidence showing that SpaceX had paid a significant penalty for its mistake and had already applied for a proper permit. The Texas Commission on Environment Quality (TCEQ) reviewed SpaceX’s permit application and concluded that its water deluge system did not cause adverse environmental risks. As a result, TCEQ permitted SpaceX to use its water deluge system while its permit was pending approval. 

Besides the TCEQ, SpaceX’s permit has also been reviewed by other government agencies, including the Federal Aviation Administration (FAA) and the U.S. Fish and Wildlife Service (USFW). The FAA concluded that SpaceX’s water deluge system has no significant impact on the environment or resources. Meanwhile, the USFW found that the water deluge system would reduce the risk of harm to species during SpaceX launches. 

In his decision, Judge Olvera also mentioned that halting SpaceX launches would harm the company and the public more. 

“Being unable to launch would create various consequences for not only Defendant but also the public at large. 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 Federal Judge said.

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