Center for Biological Diversity v. Federal Aviation Administration

The federal district court for the District of Columbia found that a programmatic environmental assessment and associated mitigated finding of no significant impact approved by the Federal Aviation Administration (FAA) for SpaceX’s license to test its reusable launch vehicle at its base in Boca Chica, Texas, satisfied National Environmental Policy Act requirements. The court rejected the argument that the FAA unlawfully delegated its authority to SpaceX and that comments from the U.S. Fish and Wildlife Service and the Texas Parks and Wildlife Department necessitated preparation of an environmental impact statement. The court also rejected the plaintiffs’ contentions that the FAA failed to satisfy its obligation to take a hard look at the four issues on which plaintiffs focused: lighting, noise, anomalies (i.e., “unexpected explosions during tests or launches that can spread debris and cause fires around launch areas”), and access closures. Although the complaint alleged failures to analyze impacts on climate, including through the burning and venting of liquid methane, that issue was not a focus of briefing and was not addressed in the court’s decision.

Center for Biological Diversity and four other organizations filed a lawsuit in federal district court in the District of Columbia challenging the Federal Aviation Administration’s authorization of the SpaceX Starship/Super Heavy Launch Vehicle Program at Boca Chica, Texas. The plaintiffs asserted violations of NEPA and the Administrative Procedure Act, including for failing to take a hard look at the launch program’s contribution to climate change. The complaint alleged that the Super Heavy rocket holds up to 3,700 metric tons of methane, which will have to be vented into the atmosphere.