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Monday, May 13, 2024 | Back issues
Courthouse News Service Courthouse News Service

In South Texas, SpaceX looms over iconic beach

Texas wants to give state parkland to Elon Musk’s SpaceX. But the plan faces obstacles, including a lawsuit from the unrecognized Esto'k Gna tribe and other local activists.

BROWNSVILLE, Texas (CN) — Like many Brownsville residents, Christopher Basaldú has been coming to Boca Chica beach since he was a kid. This place, where the Rio Grande spills into the Gulf of Mexico, is a sanctuary for migrating birds and marine life like the critically endangered Kemp’s ridley sea turtle.

An expert in Native cultures and societies, Basaldú said his ancestors have come to this beach for thousands of years — long before the arrival of European settlers. As a kid, he remembers visiting for birthday parties. “It was just part of life for people in the [Rio Grande] Valley to come out here and use this place,” he said during a recent visit.

This small slice of Texas coastline is now at the center of a big land fight — one pitting longtime residents like Basaldú against one of the richest men on the planet.

The dispute concerns Space Exploration Technologies Corp. aka SpaceX, Elon Musk’s private space-exploration company which has operated in Boca Chica since at least 2014.

This year, commissioners at Texas’ state parks agency voted unanimously to cede land in Boca Chica State Park near Brownsville to SpaceX. In exchange, Texas will get a larger tract of land elsewhere in Cameron County. But the plan faces obstacles, including a lawsuit filed in April by local activists.

Among those involved in the case are the Esto’k Gna, an Indigenous group of which Basaldú is a member. The unrecognized tribe claims descent from the region’s Comecrudo people and has long fought to protect the environment in South Texas.

According to the lawsuit, Esto’k Gna “lived, died, and were buried in this land for many thousands of years.” The suit also lists other stakeholders who it says rely on Boca Chica beach, from birders to local residents.

Under the terms of the deal, the Texas Parks and Wildlife Department would give 43 acres of land in Boca Chica State Park to SpaceX. In exchange, another company, Bahia Grande Holdings LLC, would give TPWD 477 acres next to the nearby Laguna Atascosa National Wildlife Refuge.

Details on the company are murky. By press time, TPWD was unable to provide Courthouse News any information on the company or its ownership.

TPWD officials have touted the plan as a boon for the state. The land SpaceX would receive is noncontiguous, while the land TPWD would receive “has been on the department’s radar for a couple of years,” David Yoskowitz, executive director at TPWD, said at a public meeting in March.

Some frustrated local residents aren’t so enthused. Texans last year overwhelmingly approved a $1 billion state park fund. They say the state could use those funds to acquire the 477 acres without giving any land away.

Much of SpaceX's development in the region has been outside the bounds of Boca Chica State Park. And yet its Starbase launch site sits right by the beach, surrounded on three sides by parkland. 

“SpaceX shouldn’t be able to move forward with this land grab,” said Bekah Hinojosa, another local involved in the case. “Who will speak up and hold SpaceX accountable for taking over Boca Chica beach inch by inch and acre by acre?"

On a recent afternoon, Basaldú left his apartment and drove along Highway 4 towards Boca Chica beach. He doesn’t visit Boca Chica as much these days. When he does, he can find the experience depressing.

Signs of SpaceX’s activity were obvious along Highway 4. Where the highway dead-ends at the beach, SpaceX’s Starbase launch site loomed over signs warning visitors about sensitive habitat.

Construction vehicles inched along the highway. Space enthusiasts were camped along its sides, their cameras pointed towards Starbase. Basaldú eyed them disapprovingly. “They’re watching all of this,” he said, motioning at the launch site, “and they’re completely ignoring all of that.” He gestured towards the ocean, at the beach he’d visited since he was a kid.

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Christopher Basaldú looks out over the ocean during a visit to Boca Chica State Park in April. Like many Brownsville residents, Basaldú has come here since he was a kid. (Stephen Paulsen/Courthouse News)

When SpaceX first arrived in South Texas, officials gushed about the possibilities. This region is poorer and less white than Texas in general, and many here have long felt neglected by leaders in Austin and Washington, D.C.

Now, one of the richest men had his eyes on South Texas. He wanted to turn Boca Chica into a new Cape Canaveral, a major launch site for his company’s rockets. “This is history in the making,” Francisco Cigarroa, then a chancellor for the University of Texas system, said at a Starbase groundbreaking ceremony in 2014.

In the years since, SpaceX’s presence has continued to grow. In January, county officials approved Starbase as an official place name. In February, SpaceX filed planning documents to build a one million square-foot factory here. When Courthouse News visited Boca Chica in April, rows of housing had been built up the road from the launch site. 

According to local paper The Monitor, SpaceX employs more than 2,000 full-time workers in Boca Chica. Some locals love the prestige and investment the company has brought to the region. “SpaceX choosing to build here, that gave us tremendous validation,” one local economic development official told The Guardian in 2021. “Other businesses finally started looking at us and seeing potential.”

Still, it wasn’t long before complaints about SpaceX began surfacing. For starters, Cameron County now regularly closes access to Highway 4 and parts of the beach.

Then there are the explosions. Last year, one launch burned 3.5 acres of Boca Chica State Park. Musk’s apparently carefree view on such incidents has only fanned the flames. “We’ve got a lot of land with nobody around,” he was quoted as saying in 2018, “so if it blows up, it’s cool.”

SpaceX did not respond to multiple requests for comment for this story. TPWD initially agreed to give Courthouse News a tour of the lands but abruptly canceled less than 24 hours beforehand, citing the lawsuit. The agency declined a request for an interview and did not respond to an emailed list of questions.

When TPWD first publicly floated the land deal, it almost immediately prompted controversy.

The agency postponed a hearing in January after failing to provide required public notice. Even so, more than 1,000 people wrote comments expressing opposition, compared to fewer than 300 people who supported the plan.

When TPWD commissioners did meet about the proposal in March, they did so in Austin — hundreds of miles away from Boca Chica. The meeting was tense, with some attendees complaining that Spanish-language comments weren’t being accurately translated.

A variety of environmental and civil rights groups came out against the proposal, including Sierra Club and La Unión del Pueblo Entero. In testimony, locals and naturalists highlighted the importance of Boca Chica, including as a stop for migratory birds. 

“If the Texas coastal preserves still mean anything to you at all, you must protect them,” said Mary Branch with Save RGV, a local environmental nonprofit. 

Among the few people who did testify in support of the deal were local officials in Cameron County. In testimony, they said they had initially opposed the plan but changed their minds since it would preserve the 477 acres.

“Our concern was that we had no involvement in what was going on,” Cameron County Commissioner David Garza told TPWD officials. After learning more about the proposal, “I stand before you also in support of the acquisition.” Now, though, those officials seem reluctant to publicly tie themselves to the land trade. Garza declined to comment for this story. Eddie Treviño, the top executive official in Cameron County who also testified in favor, did not respond to multiple requests for comment.

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At the meeting, TPWD commissioners acknowledged that SpaceX had already alienated some locals. “There's clearly a frustration among the people there about the road closures and all that kind of stuff,” Commissioner Paul Foster said.

They stressed they were only approving negotiations and that the land deal could still fall apart. “Because of the other processes here, this could still be turned down,” Vice-Chairman Oliver Bell explained.

Since TPWD initially acquired land in Boca Chica through a National Coastal Wetlands grant, the U.S. Fish and Wildlife Service will need to sign off on the deal. A FWS spokesperson said TPWD has not yet started an environmental assessment that would be required to finalize the sale.

SpaceX's Starbase launch site, as seen from the beach at Boca Chica State Park. The launch site is surrounded on three sides by public parkland, and a controversial land deal would give the company another 43 acres here. (Stephen Paulsen/Courthouse News)

Then there’s the lawsuit, brought by nonprofits like the Carrizo/Comecrudo Nation of Texas, Save RGV and the South Texas Environmental Justice Network. It argues TPWD does not have authority to make the land deal and seeks to have a judge declare it unlawful.

When TPWD applied for a National Coastal Wetlands grant in 1992, the agency said it would “permanently preserve the land to protect it from imminent development threats,” the lawsuit states. Among the exhibits in the case are comments the agency submitted to the FAA in 2021, in which it expressed concerns about “direct loss of habitat” and “unexpected anomalies (e.g., explosions)” due to SpaceX.

“The crux of this lawsuit is about giving away what belonged to the people,” said Marisa Perales, a partner at Austin-based Perales, Allmon & Ice who is representing the plaintiffs. “It’s about the government — not so much SpaceX, but our elected officials and appointed officials — giving away what belonged to the people.”

One plaintiff in the case says it’s had plenty of experience with the government giving its land away. That plaintiff, the Carrizo/Comecrudo Nation of Texas, has fought to preserve wildlands in the region for years.

Tribal Chair Juan Mancias says the group has around 1,600 enrolled members. While not a recognized tribe, the groups they claim lineage from undeniably lived in this region. As early as 1940, the Smithsonian Institute had gathered linguistic data on Comecrudo people here. These days, the group prefers to call itself the Esto’k Gna, a phrase that roughly translates to “the human person.”

Mancias traveled to the TPWD meeting in Austin to speak against the land deal. “I don't consent or give consent to any of the swapping or land sale,” he told commissioners in March. “This land is our ancestral land.”

In an interview, Mancias said Boca Chica beach was sacred — the place where the Creator made the first woman. “Then, later, he created the first man with the leftovers," he said.

Mancias seemed largely unbothered by the Esto'k Gna’s unrecognized status. “I would say the white man can’t tell me who I am,” he said. “I know who I am. I know how I grew up. I had a good pair of grandparents who told me who I was.”

The group first asked the Bureau of Indian Affairs for recognition in 1998 — but being unrecognized had its benefits. “Because we’re not recognized,” Mancias added wryly, “we don’t have the opportunity for them to take our federal contracts away. They can’t threaten us like that and tell us to be quiet.”

On a recent afternoon, Basaldú wandered along Boca Chica beach, collecting seashells. He comes out here when he can, sometimes to pray with other Esto’k Gna.

 Growing up in what he calls an assimilated family, Basaldú said reconnecting with his Native heritage was a gradual process. It started as a teenager, with questions like: “Where are we from? What kind of Native are we?” He threw himself into studying Native groups, ultimately earning a Ph.D. in anthropology from the University of Arizona in 2009. In 2017, he formally enrolled in the Carrizo/Comecrudo Nation.

Like Mancias, Basaldú sees the proposed SpaceX land deal as part of a long legacy of land-taking in the area. “White people from another part of the world came over here and projected the fallacy that there was nothing here,” he said. “In their minds, because there was nothing here, they could create whatever they wanted.”

Leaving Boca Chica beach, Basaldú drove past the sites of new LNG terminals — another environmental fight in which the Esto’k Gna are involved. Not long ago, he said, this land had mangroves. “They are continuing to destroy the world, and that’s how you get climate catastrophe,” he added later. “It’s all connected.”

Follow @stephentpaulsen
Categories / Courts, Environment, Regional

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