Special to El RrunRrun
San Antonio Express News
SAVERGV A coalition of environmental and Native American groups won an appeal in their 2021 lawsuit against state and county officials over SpaceX’s recurring closures of Boca Chica beach for Starship testing and launches.
On Thursday, the Texas’ 13th district court of appeals ruled in favor of SaveRGV, the Sierra Club and
the Carrizo/Comecrudo Nation of Texas in suits alleging that a 2013 state law allowing beach closures for space flight activities goes against the Open Beaches Amendment to the Texas Constitution.
In July 2022, Cameron County’s 445th District Court Judge Gloria Rincones dismissed the coalition’s
lawsuit, saying the organizations lacked standing in their complaint against Texas Land Commissioner Dr. Dawn Buckingham, the Texas Land Office, Cameron County and Texas Attorney General Ken Paxton.
The appeals court reversed that decision Thursday, allowing the lawsuit to proceed.
"Rincones simply caved in to Ken Paxton and the state to hand the beach over to SpaceX contrary to the Texas Constitution and erroneously decided that her court had no jurisdiction," said John Shergold, who is challenging Rincones for the 445th State District Court. "She simply caved in to the state and Ken Paxton and gave away the people's beach."
The 2013 amendment to the Natural Resources Act allow “commissioners in a county bordering the Gulf of Mexico or its tidewater to temporarily close a beach in reasonable proximity to a space flight launch site or access points to the beach in the county on launch dates.”
After lobbying from SpaceX and CEO Elon Musk, the Texas Legislature wrote the law with SpaceX’s Boca Chica beach operation in mind as it’s the only entity with space launch operations in Texas on the Gulf of Mexico...and the language in the law that allows the state’s land commissioner “to promulgate rules for the closure of beaches for space flight activities.”
The 13th Court of Appeals sided with the plaintiffs who argued Wednesday that Rincones had misinterpreted the law when she dismissed their lawsuit against Cameron County and the state ruling they had no standing to bring the lawsuit over SpaceX’s repeated closures of Boca Chica Beach to test its Starship rocket program.
Debris, including concrete and rebar from SpaceX’s first launch of its Starship, is seen in late July 2023. The company’s April 2023 launch caused major damage to the Boca Chica launch site and prompted the Federal Aviation Administration to revoke the company’s approval to launch. Photo William Luther, SA Express-News
The coalition said county and state officials have allowed SpaceX to close Boca Chica Beach for up to 450 hours per year and cited instances where people have been turned back due to unannounced beach closures.
the Carrizo/Comecrudo Nation of Texas in suits alleging that a 2013 state law allowing beach closures for space flight activities goes against the Open Beaches Amendment to the Texas Constitution.
In July 2022, Cameron County’s 445th District Court Judge Gloria Rincones dismissed the coalition’s
The appeals court reversed that decision Thursday, allowing the lawsuit to proceed.
Rincones sided with SpaceX and state and county officials who argued that since the groups weren't asking for money they had "no private right of action" and that her court had no jurisdiction, and ruled against them.
The group, in turn, argued that under the Declaratory Judgment Act the fact that they weren't suing for money had no bearing on their lawsuit and sought an interpretation of the statute. Specifically, they sought the court's interpretation of the amendment to the Natural Resources Code, Chapter 61 on the Use and Maintenance of Public Beaches which goes contrary to the Open Beaches Act amendment and the Texas Constitution.
After lobbying from SpaceX and CEO Elon Musk, the Texas Legislature wrote the law with SpaceX’s Boca Chica beach operation in mind as it’s the only entity with space launch operations in Texas on the Gulf of Mexico.
The reversal of Rincones' ruling comes as SpaceX gets ready to to attempt the third launch of the 400-foot-tall Starship, which SpaceX has said could be as early as mid-February.
The 2013 amendment to the Natural Resources Act allow “commissioners in a county bordering the Gulf of Mexico or its tidewater to temporarily close a beach in reasonable proximity to a space flight launch site or access points to the beach in the county on launch dates.”
After lobbying from SpaceX and CEO Elon Musk, the Texas Legislature wrote the law with SpaceX’s Boca Chica beach operation in mind as it’s the only entity with space launch operations in Texas on the Gulf of Mexico...and the language in the law that allows the state’s land commissioner “to promulgate rules for the closure of beaches for space flight activities.”
The 13th Court of Appeals sided with the plaintiffs who argued Wednesday that Rincones had misinterpreted the law when she dismissed their lawsuit against Cameron County and the state ruling they had no standing to bring the lawsuit over SpaceX’s repeated closures of Boca Chica Beach to test its Starship rocket program.
Save RGV, teamed with the Carrizo Comecrudo National of Texas Inc. and the Sierra Club to appeal her ruling in favor of Cameron County, the Texas General Land Office and the state attorney general.
The San Antonio Express-News reported that Marisa Perales, an Austin lawyer representing the appellants, presented about 40 minutes of oral arguments Wednesday before the 13th Court of Appeals in Edinburg arguing against the constitutionality of a memorandum of agreement (MOA) between the Texas General Land Office and Cameron County, as well as a Cameron County Commissioner’s Court order “permitting the closure of Boca Chica Beach and State Highway 4 for space flight launches.”
The coalition said county and state officials have allowed SpaceX to close Boca Chica Beach for up to 450 hours per year and cited instances where people have been turned back due to unannounced beach closures.
The Court of Appeals remanded the case back to Rincones' court for the trial to proceed.
29 comments:
So now who's next to get rich? Somebody didn't get the right amount of mochis so the finger pointing started. Good, now let's kick spaceXXX outta here or triple the tax amount every 6 months. Put stringent environmental guidelines and hiring of locals only.
Do it right, NOW!!!
DON'T LIKE IT KICK, EM OUT LIKE FLORIDA.
If Shergold defends and protects Boca Chica Beach I am voting for the Fucker!
Elon will have access to a port of entry. Brownsville maybe the anus of the US but it is a hole into our beautiful land of the free. He will be dumping all of his toxic waste into the Gulf of Mexico. In addition, there is the risk of human trafficking. He already has a road that does not pass inspection.
If people that are in positions to take care of what we stand for for and do not see the way Elon is positioning his chess pieces estan bien pendejos. They are schmucks!
Wow! I am not a lawyer or judge, but I said that a long time ago and I just
took classes with Mrs. Ruby Wooldridge, & Judge Talent, a long time ago, and
I had that knowledge. But nobody listens to peons who do not have money to buy out the wrongdoers! Good, now we get to enjoy our trips to Boca Chica when we so desire without finding the road closed whenever they feel they need to blow up millions of dollars, just for practice.
Boca Chica was and still is the favorite spot for many of our local families who enjoy outings to relax and have family fun like we did when many of us were still kids, even after they built the causeway to the island, since we did not have the $1.00 toll for the bridge. We would use the $1.00 to buy a huge watermelon to enjoy at the beach with no worries!! Gloria, you didn't do your homework!
I can not believe this. Gloria Rincones sent me a Christmas card with her lovely family in the picture. I wanted to vote for her.
Not anymore. Shergold is a Republican but I am going to vote for him.
So this is how the Democrats lose their power.
The rest of the Democrat candidates, watch your steps, do not make errors..and I will vote for you.
I have said all along, resolving issues is not about Republicans or Democrats it’s about the person fighting for that issue. Its about the person’s tenacity and will to fight for the people. I’ve never believed it was possible that a few” chosen” people could have the right/power to give away(Bocachica beach). It always seemed like Judge Rincones/ elected officials were catering to Space X. SpaceX knew from the very beginning our area was the perfect area to setup shop because of the weak and corrupt officials running the place. They knew they could easily be fooled. Well it sounds like at least now we have a fighting chance to correct the injustice that was committed against our area. Lets hope they can put a stop to all this nonsense before they continue destroying our local environment/wildlife and natural resources.
So democrats are finally opening their eyes and seeing how corrupt their party is and has been for years.
Wait. It's going back to Rincones' court now?
Gloria Rincones is the perfect judge for this suit because...
Because...
Because...
Because...
She's a beach!
Way to go The Coalition and their attorneys that took this humongous, historical step to correct a wrong that was way overdue. May the holy spirit guide you in this historical event.
Something smells rotten in all this. Some of the counties officials talk about all the proposed improvements planned for the Laguna atascosa area to protect the flora and fauna?? What about the flora and fauna at Boca chica beach? Where's it protection? Weren't you the same entity (county) that participated in giving away the beach to Space X??? So now that other agencies are involved and the "secret" is out, will the finger pointing begin??? I sure hope so and if there were some nefarious motives behind all this, I pray the culprits are exposed. It's always about the BENJAMINS but hopefully this time it's about what's right!!!
What the heck lady, not cool!!
No vote from me.
It doesn’t always work, you damn rats. Sometimes justice is on our side. I believe this merits a big time investigation on who is at fault in all this. Every single person, at all levels of our local government(past and present) that participated in this fiasco needs to be exposed and held accountable. I hope those involved are shitting bricks and can’t sleep at night knowing that the spotlight/ axe is coming. Thats what you deserve for giving away something that never belonged to you. And like my grandfather used to say: “se los va a llevar la chingada por abusivos y culeros”. Well said granpa!!!
If that piece of shit Shergold campaigns in protecting Boca Chica Beach and keeps his word I'll vote for him and convince others to vote for him too
So that’s how she is paying for her high end electronic billboards in Harlingen….Catering to Space X is paying off!!! Not fair no vote for Rincones 😡
February 2, 2024 at 9:20 AM
The real question here is HOOOW MUUUCH? MOCHIS, AND YOU HAVE MY VOTE. TYPICAL CAMERON COUNTY ELECTED OFFICALS, ALL OF THEM CAUSE NOBODY SAID NOTHING NADA NADA Y NADA verdad mayorsito gringito???
I believe he has the means to build tunnels. He could build underground avenues to the beach and SPI. For that matter, instead of a second causeway, tunnel under the Laguna Madre. C’mon Pete, think outside the box.
"Let things fall where they may!" Now that is has come to the light of many of us who
care about Boca Chica, we need to get to work to support those who are fighting to keep our beautiful memories alive at Boca Chica. If only the families of today would use Boca Chica like our parents did for family outings, maybe the world would not be so stupid with lack of respect and pulling out guns as they please. Maybe, just maybe?
Or is it wishful thinking?
I know John from his activities with all the shenenigans at BISD and how he always stood firm for his client, so John, you earned my vote for sure now more so!
‘Blindsided’ Cameron County sought to buy land proposed in TPWD, SpaceX land swap
proposed deal for the state to give SpaceX 43 acres of Boca Chica State Park in exchange for 477 acres near Laguna Atascosa National Wildlife Refuge was the “best kept secret in Texas” until it appeared as Item 9 on the Texas Parks and Wildlife Commission’s Jan. 25 meeting agenda.
So says Precinct 3 Cameron County Commissioner David Garza, who said the county was in the process of trying to acquire the 477 acres straddling S.H. 100 at Laguna Vista when the proposed swap became public. Garza said the county was blindsided by the news, as were the eight different agencies the county was working with toward securing the property.
We need more gringo county commissioners plain and simple, the ones here can't understand English.
Go back to school Rincones. And don’t forget to take an advanced and rigorous ethics class. My friend says its time you local judges start acting with more integrity and less greed.
On Thursday, Florida Gov. Ron DeSantis confirmed that the state of Florida is sending 1,000 National and State Guard troops to Texas to help Gov. Greg
Is she going to make tortillas for the florida national guard troops?
Biden’s strategy is very simple: (according to Elton Musk)
1. Get as many illegals in the country as possible.
2. Legalize them to create a permanent majority – a one-party state.
That is why they are encouraging so much illegal immigration. Simple, yet effective. pic.twitter.com/B9M5ypUOQB
— Elon Musk (@elonmusk) February 3, 2024
LETS GIVE HIM SOME MORE LAND SO HE CAN EXPLODE MORE ROCKETS, MAYBE THIS IS DONE ON PURPOSE TO RUN OUT THE MEXICANS OUT OF THIS PLACE. SEEMS LIKE IT!!!!
AND OUR ELECTED OFFICALS QUE???? GIVE HIM SOME MORE FREE LAND
The problem was and still is that it was not land to be sold or swap by these greedy bastards in the first place. Yet, Elon Musk knew ahead of the deal and yet he decided to play his game and he lost. Garza has overstayed his position. Get that swamp ass David Garza out of this Commission. There are at least 5,600 declared heirs that have an interest in this deal. Declaratory Judgments given to these 5,600 heirs is what's up in Texas. Thirty-five years of concealed corruption owed to the grantees of these investments is due and failure to disclose and report to the Texas Comptroller was also a federal violation by Cameron County. that is what these declared heirs are due. This is my opinion
Does these 5600 heirs vote? Get some of these heirs to run for the state main positions that controls all the texas lands and vote... or heirs run for local positions and pressure the state, can't do it than don't complain. This should have been done decades ago nothing is free even if its yours, that's texas illegal law.
Rincones is the worst. Treating employees like crap and always making really bad decisions on her rulings. I hope, She does not get re-elected.
This woman has joined the "Rat Infested" ship of corruption.
"Blindsided Garza and Commissioners" are crying foul? Why, because it would hurt the people or hurt your mordidas? Get off your A$$3S and for once, do right for the people you represent. All our local and county officials are in it for themselves to fill their pockets , no wonder "Skippy" wants to join the ship of corruption. He has observed and wants to join the action. Shergold if you want my vote , be honest about your agenda. Clowens agenda hasn't come into fruition. All of you need to STOP lying and Stop being sellouts!!
Shergold is a loser who needs to learn proper hygiene before he thinks he can come close to wearing a robe.
If he is dirty in the outside he is just as dirty as a politician.
Mr. Shergold this person has given you some constructive criticism. Take the criticism and run with the ball.
Personally if you save Boca Chica Beach I don't care if you smell like swamp ass I will vote for you.
Shame on you 3:47 to mention his hygiene. What about those past elected officials that dressed like a million bucks, bathed, and wore expensive colognes and ended up super dirty on the inside and some even landed in prison? i don't care how a judge smells or dresses. all you see is the shirt collar. They could be wearing golf shorts underneath for all i care! He's honest, he listens and he fights for justice. Good luck Shergold. You got my vote.
February 5, 2024 at 3:47 PM
Go to a bank (all elegant) and watch all the laborers go in with their old boots, old shirts to cash their checks. The bank treats them like if they were millionaires..... with smiles, respect and patience.
ALso watch how the elderly (in robes, with winter caps, loafers) are treated by the banks, stores: with great respect.
Nobody tells them they smell of Vaporub, old fritos etc
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