A federal judge on Monday, September 21, refused to block the Trump administration from giving SpaceX more than 700 acres of wildlife refuge as part of a land swap in Texas, while environmental groups vowed to continue their legal challenge.
U.S. District Judge Fernando Rodriguez Jr. declined the plaintiffs' request for a preliminary injunction to prevent the parcel exchange, saying they failed to prove it would worsen ecological risks to a Gulf Coast region already transformed by billionaire Elon Musk’s rocket operations.
In June, the U.S. Fish and Wildlife Service approved moving forward with the deal with SpaceX, which would surrender 683 acres the company owns in exchange for the federal land in the Lower Rio Grande Valley National Wildlife Refuge. The 103,000-acre refuge spans four counties along the Texas border and is home to animal habitats and historical landmarks.
Maps show the land SpaceX would acquire would be closer to the company's launchpad near the U.S.-Mexico border.
The swap amounts to a gift of public lands to SpaceX, “clearing the way for bulldozers to tear into this wildlife refuge as soon as next week and turn a public treasure into a private payday,” said Laiken Jordahl, a spokesperson with the Center for Biological Diversity, which filed the lawsuit alongside other opponents including tribal groups. Jordahl said Monday that the litigation will continue even as the exchange goes forward.
“This court order is not the final word. These lands hold incredible spiritual, historical and conservation value for the people and wildlife of South Texas. We won’t stop fighting to keep this irreplaceable public wildlife refuge safe from SpaceX bulldozers,” Jordahl said in a statement.
The lawsuit asks the federal court to halt the exchange, which has worried SpaceX opponents in the area who have long criticized the company's expanding footprint over lost access to beaches and concerns over exploding rockets.
The Fish and Wildlife Service didn’t respond to a request for comment on Monday’s decision. Previously, a spokesperson had said the agency does not comment on ongoing litigation.
The agency issued a final environmental assessment report in June that determined the exchange would cause no significant impact to the area. The report said the federal government believed the acquisition would represent a “net conservation benefit” and provide “substantial long-term conservation value and improving landscape-scale habitat connectivity across refuges in South Texas.”
The judge said that the plaintiffs offered “relatively weak” evidence of environmental harm.
“While they rightfully argue that the preservation of wildlife and historical lands furthers the public interest, they present no evidence demonstrating that the Property will suffer aesthetic, environmental, cultural, or historical degradation during the pendency of this lawsuit,” Rodriguez wrote in his ruling.
In addition, the judge said a preliminary injunction would result in modifications to SpaceX’s development plans, “placing additional hardship on the company’s ability to meet milestones and contractual obligations.”
SpaceX did not return an email seeking comment on the judge's ruling.
The space exploration company first broke ground in Texas more than a decade ago and has expanded rapidly, so much that SpaceX employees last year voted to incorporate their own local government called Starbase.
