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SpaceX faces accusations it violated the Clean Water Act

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SpaceX allegedly violated wastewater regulations at its Boca Chica, Texas, launch site — sending pollution into bodies of water nearby, according to CNBC. The news outlet says it obtained investigative records and notices that the Environmental Protection Agency (EPA) and Texas Commission on Environmental Quality (TCEQ) sent to SpaceX of violations related to its Starbase facility.

SpaceX called the story “factually inaccurate” in a post on Elon Musk’s social media platform X. The Verge has not yet been able to independently verify these reports. We’ve requested records from EPA and TCEQ, and neither agency immediately confirmed the accuracy of the allegations.

Starbase is home to Starship, the reusable transportation system SpaceX is building and testing with hopes of taking people to the Moon and, one day, even reaching Mars. But the violations SpaceX is accused of could jeopardize future launches and put the company at legal risk, according to CNBC.

The violations SpaceX is accused of could jeopardize future launches and put the company at legal risk

Starship’s first test flight last year left behind a mess. The massive spacecraft exploded in the air, and the test wrecked the launchpad. Flying debris smashed into at least one car nearby, and the plume of dust reportedly reached residents several miles away as well as nesting grounds for endangered birds and sea turtles. Starbase lies along the Texas Gulf Coast, near wetlands and wildlife refuges.

After the explosion, CNBC says SpaceX scrambled to rebuild the launchpad and install a water deluge system meant to blunt the tremendous heat, energy, and sound from launches. The company skipped a permitting process in its rush, according to CNBC. The EPA launched a probe and demanded more information on wastewater discharges about a month after SpaceX ran a full-pressure test of the system in July 2023, CNBC says. The agency reportedly notified SpaceX on March 13th that it was in violation of the federal Clean Water Act.

Regardless, SpaceX moved forward with its third test flight on March 14th. Continuing to use the deluge system during launches without proper permits in place raises the legal risks, per CNBC. SpaceX eventually applied for a permit, reportedly more than 100 days after it received notice from the EPA.

TCEQ performed a compliance record review to determine whether SpaceX was following wastewater regulations on July 25th of this year, according to CNBC. It determined that SpaceX had released industrial wastewater without a permit four times since March, CNBC reports. It also says that TCEQ has received at least 14 complaints in the region “alleging environmental impacts” from SpaceX’s deluge system. TCEQ sent its notice of violation to SpaceX last week, according to CNBC.

SpaceX didn’t respond to a request for comment from The Verge, but its post on X claims that both EPA and TCEQ had allowed it to continue using the deluge system and that it was operating under a separate permit system.

“Throughout our ongoing coordination with both TCEQ and the EPA, we have explicitly asked if operation of the deluge system needed to stop and we were informed that operations could continue,” it says.

The company also claims that its deluge system “causes no harm to the environment.” It says it sends air, water, and soil samples from near the pad to “an independent, accredited laboratory” after using the deluge system. So far, it says, those tests have shown “negligible traces of any contaminants.”

CNBCs reporting counters those claims, especially when it comes to mercury. SpaceX says its samples show “either no detectable levels of mercury whatsoever or found in very few cases levels significantly below the limit the EPA maintains for drinking water.” CNBC writes:

But SpaceX wrote in its July permit application — under the header Specific Testing Requirements – Table 2 for Outfall: 001 — that its mercury concentration at one outfall location was 113 micrograms per liter. Water quality criteria in the state calls for levels no higher than 2.1 micrograms per liter for acute aquatic toxicity and much lower levels for human health

On Monday, the FAA postponed meetings initially planned for this week intended to discuss draft environmental assessments for “SpaceX’s plan to increase the launches and landings of its Starship/Super Heavy vehicles scheduled at the Boca Chica Launch Site.” When asked why the meetings were delayed, a spokesperson for the FAA said it was waiting on “additional documentation” from SpaceX but would not share what those documents are.

A legal battle looks likely. A Rio Grande Valley, Texas, nonprofit called SaveRGV reportedly sent SpaceX a notice of intent to sue in June over its deluge system allegedly discharging wastewater without a permit. It’s seeking injunctive relief and civil penalties for each potential violation of the Clean Water Act.

Musk talked about deregulation in a long-winded conversation with Donald Trump on X last night. “if you deregulate, like have sensible regulations,” he said. “Because a lot of the regulations are nonsensical and cause the cost to be extreme for no reason.”



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NASA wants SpaceX and Blue Origin to deliver cargo to the moon

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The agency wants Elon Musk’s SpaceX to use its Starship cargo lander to deliver a pressurized rover to the Moon “no earlier” than 2032, while Jeff Bezos’ Blue Origin will be tasked with delivering a lunar surface habitat no sooner than 2033. Both launches will support NASA’s Artemis missions, which aim to bring humans back to the Moon for the first time in over 50 years.

Both companies are developing human landing systems for Artemis missions — SpaceX for Artemis III and Blue Origin for Artemis V. NASA later asked both companies to develop cargo-hauling variants of those landers, capable of carrying 26,000 to 33,000 pounds of equipment and other materials to the Moon.

NASA says it will issue proposals to SpaceX and Blue Origin at the beginning of next year.

Conceptual renderings of cargo landers from SpaceX (left) and Blue Origin (right).
Image: NASA

“Having two lunar lander providers with different approaches for crew and cargo landing capability provides mission flexibility while ensuring a regular cadence of Moon landings for continued discovery and scientific opportunity,” Stephen D. Creech, NASA’s assistant deputy associate administrator for the Moon to Mars program, said in the announcement.



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Brazil leads new international effort against climate lies

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Brazil and the United Nations launched a new international effort to combat disinformation on climate change. They announced the Global Initiative for Information Integrity on Climate Change during the G20 Leaders’ Summit taking place in Rio de Janeiro, Brazil.

It’s a collaboration between governments and international organizations to boost research on misinformation swirling online and around the globe that they fear could slow action on climate change. There isn’t much information available yet, but they say they’ll fund nonprofit efforts to counter that spread of lies.

“Countries cannot tackle this problem individually,” President of Brazil Luiz Inácio Lula da Silva said in a press release.

“Countries cannot tackle this problem individually.”

Only Chile, Denmark, France, Morocco, the United Kingdom, and Sweden have joined Brazil in the initiative so far. Countries that make the commitment are expected to contribute to a fund administered by the United Nations Educational, Scientific and Cultural Organization (UNESCO). The initial goal is to get more countries on board and raise $10 to 15 million over the next three years. The money is then supposed to be distributed to nonprofit organizations as grants to support research and public awareness campaigns on climate disinformation.

They haven’t yet named any specific groups they plan to work with; “calls for partnerships” are forthcoming. Some environmental organizations are already working together to study disinformation and push for measures to stop its spread, like the Climate Action Against Disinformation coalition that publishes reports on misinformation trends and advocates for more stringent content moderation.

A webpage for the new global initiative says environmental disinformation is “increasingly spreading through social media, messaging apps, and generative AI.” That has “serious” consequences, it says: “it undermines scientific consensus, obstructs authorities’ ability to respond effectively to the crisis, and threatens the safety of journalists and environmental defenders working on the frontlines.”

FEMA employees faced violent threats on social media in the aftermath of Hurricane Helene in the US, for example. Accounts spewing misinformation about the storm and FEMA were also tied to content denying climate change, according to an analysis by the Institute for Strategic Dialogue (ISD) in October. Posts baselessly accused FEMA of seizing private property and confiscating donations — lies that risked deterring storm survivors from applying for assistance, and that raised fears that FEMA staff might face attacks.

United Nations Secretary-General António Guterres also voiced his concerns during remarks today with both the G20 summit and a UN conference on climate change currently underway. “We must also take on climate disinformation,” Guterres said. “Our climate is at a breaking point.”



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Amazon and SpaceX attack US labor watchdog in court

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Amazon and SpaceX are seeking to hamstring the National Labor Relations Board, asking a court to declare its processes for upholding labor law unconstitutional. But judges on a three-person panel appeared skeptical when the companies presented their arguments Monday.

In two separate cases before the Fifth Circuit Court of Appeals, the two companies argued that the NLRB is unlawfully forcing them to participate in administrative law proceedings over alleged anti-labor actions. The Amazon case centers around whether it’s required to bargain with the union at its JFK 8 fulfillment center on Staten Island, while the SpaceX case involves a charge by former employees who claimed they were fired after being critical of CEO Elon Musk.

A ruling in favor of the companies could undermine the NLRB’s power to enforce protections for workers. It comes just as vocal pro-union President Joe Biden is leaving office and deregulation-friendly President-elect Donald Trump takes over. Trump notably counts Musk among his chief allies after his massive fundraising push. The NLRB is an independent agency with five board members appointed by the president to 5-year terms.

During oral arguments, the judges mostly prodded attorneys on the finer points of the companies’ decisions to appeal, and the timeline of their objections. At one point, Judge James Graves Jr., an Obama appointee, expressed doubt that Amazon had even met the conditions for an appeal — suggesting it should have waited on the ruling from the district court first. Two days after Amazon’s notice of appeal, the district court denied Amazon’s request for a temporary restraining order on its NLRB proceedings.

Both companies are seeking to short-circuit the NLRB’s proceedings with a court order

George W. Bush-appointed Judge Priscilla Richman similarly pressed SpaceX’s counsel Michael Kenneally about why the company rushed to an appeal, rather than letting the case progress in a lower court. Kenneally said SpaceX waited as long as it felt it could to bring its challenge and accused the government of leaning on procedural arguments because it couldn’t defend the NLRB’s constitutionality. Graves appeared skeptical. “That sounds to me about like the argument that, ‘well, procedure doesn’t matter if I win on the merits, so just skip right over procedure,’” he said.

Both companies are seeking to short-circuit the NLRB’s proceedings with a court order, which requires demonstrating this would cause them irreparable harm. But in Amazon’s case, NLRB counsel Tyler Wiese called the company’s deadline for the district court “imaginary,” and said, “merely proceeding through an administrative process is not irreparable harm.”

Amazon and SpaceX both argue that the NLRB’s administrative proceedings are tainted because its board members or administrative law judges are unconstitutionally insulated from removal. They point to Article II of the Constitution, which says the president must “take care that the Laws be faithfully executed,” which they say includes removing officials.

Amazon also says the NLRB is violating the Seventh Amendment, which protects the right to a jury trial in certain civil cases. It argues that the NLRB shouldn’t be allowed to decide on financial remedies related to the case because it would deny the company due process. Cox said the board itself “improperly interfered with the [union] election by exercising its prosecutorial authority,” so failing to stop the proceedings would let the NLRB as as judge and prosecutor.

The NLRB says it feels confident in a 1937 Supreme Court ruling on the constitutionality of the National Labor Relations Act. “It is nothing new for big companies to challenge the authority of the NLRB to enforce workers’ rights so as not to be held accountable for their violations of the National Labor Relations Act,” NLRB General Counsel Jennifer Abruzzo said in a statement. “While the current challenges require the NLRB to expend scarce resources defending against them, we’ve seen that the results of these kinds of challenges is ultimately a delay in justice, but that ultimately justice does prevail.”



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