The South Texas Environmental Justice Network, Carrizo/Comecrudo Tribe of Texas and Save RGV filed the lawsuit in state district court in Travis County arguing the parks department and Texas Parks and Wildlife Commission are illegally handing public land to the commercial space company.
The suit stems from the commission's approval last month of a plan to exchange 43 acres of Boca Chica State Park land around SpaceX's Starbase facility for 477 acres of undeveloped land near Laguna Heights, more than 10 miles away. The deal was unanimously OK'd despite strong public opposition.
The plaintiffs allege the commission misapplied Chapter 26 of the Texas Parks and Wildlife code, which they say is "intended by the Legislature to make the condemnation of park land a last resort for entities exercising eminent domain power." They argue "the commission unconstitutionally misused Chapter 26" by "appearing to condemn its own land to convey it to a private corporation."
Such action, they say, violates a state constitutional prohibition on takings for private gain.
'Officials failing'
"This is just the latest example of our state officials failing to fulfill their obligations to Texans, whenever SpaceX is involved," Marisa Perales, an attorney representing the coalition, said in a statement. "Texas Parks & Wildlife Department's duty is to protect park land and wildlife resources, including at Boca Chica Beach and State Park."
She said the entities broke the law by not considering alternatives to giving away public land, not ensuring minimal harm to public land and not addressing the best interests of the local community and the TPWD.
The parks department declined to comment on the suit Wednesday.
Ahead of its decision, though, more than 2,000 Texans had plenty to say.
After its plan for the deal became public in January, the commission received 1,332 public comments, with about 80% in opposition. Another 989 were received after Feb. 1, with nearly 67% supporting it.
The public outcry forced the commission to delay a planned Jan. 25 vote until March, when another 40 people — the vast majority of whom opposed the deal — voiced comment.
Sacred land
"Boca Chica Beach and its surrounding environment is one of the last pieces of untouched coastline left in Texas. ... It is also incredibly disappointing to see that land sacred to the Carrizo/Comecrudo Tribe of Texas is being sold and destroyed without even consulting the tribe to begin with," Christopher Basaldú of the South Texas Environmental Justice Network, said Wednesday. "We're suing the Texas Parks & Wildlife Department because they do not take the concerns of the local community seriously and should help preserve our beach and surrounding environment rather than sell it off to the highest bidder."
Juan Mancias, chairman of the Carrizo/Comecrudo Tribe of Texas, said Boca Chica Beach is sacred to the tribe and should be protected.
"Texas Parks and Wildlife Commission cannot be allowed to give our lands with archeological remains to SpaceX to use as a testing playground," he said. "If we knew TPWD was considering giving away Boca Chica property, we would have placed a request, because these lands are part of our identity."
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TPWD officials say the tracts of state park land it's exchanging with SpaceX are primarily separate small plots that aren't easily accessible and don't offer beach access.
During deliberations before the March 3 vote, Jeffery Hildebrand, chair of the Parks and Wildlife Commission, suggested the deal would benefit the parks system, saying the state could use some of its Centennial Fund to build infrastructure and trails on the 477 acres SpaceX is to give to the state.
"This is a new park for us," he said before the commission's vote. "We should be very excited about the expansion of our park system."
County flip-flop
Cameron County Judge Eddie Treviño and Commissioner David Garza initially voiced opposition because the county was already in negotiations to purchase the Laguna Heights acreage before the deal became public. Before the commission's vote, though, they had a change of heart and the county gave its "full support" to the plan.
This latest lawsuit comes after SpaceX launched its third Starship from Starbase. The craft broke up somewhere over the Indian Ocean after its booster exploded over the Gulf of Mexico. The company is planning to launch its next Starship in early May.
Several of the groups that are suing are also part of another lawsuit filed in 2021 targeting Texas Land Commissioner Dawn Buckingham, the Texas Land Office, Cameron County and Attorney General Ken Paxton over SpaceX's frequent closures of Boca Chica Beach.
The Texas Constitution protects beach access, and the groups argue SpaceX has closed Boca Chica Beach access for testing and launches more than allowed.
A state district court in Cameron County dismissed that case in 2022, but in February the 13th District Court of Appeals in Edinburg ruled in favor of SaveRGV, the Sierra Club and the Carrizo/Comecrudo Nation of Texas appeal. That case is also pending.
SpaceX did not respond to requests for comment.
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