Save RGV

Save RGV is a Texas based non-profit organization, "part of whose mission is to promote the conservation of the remaining natural areas of eastern Cameron County".

According to their homepage, their key areas of concern with respect to SpaceX's activities are:

* Texas Open Beach Act
* Illegal operations and conduct
* Wetland destruction
* Impacts to Laguna Atascosa National Wildlife Refuge and Lower Rio Grande National Wildlife Refuge
* Impacts to wildlife (especially birds and sea turtles)

## June 2021 - Road closure issues

### Letter to Cameron County Regarding Closures (June 3, 2021)

On June 3, 2021 Save RGV sent a letter adressed to Cameron County District attorney Luis V. Saenz and Judge Eddie Trevino in which they accuse SpaceX of several violations of the 9/1/13 Memorandum of Agreement (MOA) between Cameron County and the General Land Office. Save RGV mentions eight points:

1. Closures of Highway 4 have not been done with proper notice as the 14-day requirement is ignored.
2. The changing of published hours of closures by SpaceX without state or county authorization is illegal.
3. According to the MOA closure announcements are required to accompanied by a "Beach mitigation plan" which Save RGV has never seen.
4. Closing the road for the reason of "emergencies related to public safety" isn't justified as SpaceX is a private business, not an emergency and the public right to access a public beach has been taken away. This right is granted by Texas State Constitution and the Texas Open Beaches Act.
5. SpaceX security personnel have denied public access to Remedios Avenue and Joanna Street which are county roads. This is illegal.
6. Closure hours in 2020 and 2021 exceeded the number of hours allowed in the FAA's 2014 Record of Decision (ROD) which limits the closures to 180 hours per year. This ROD is referenced in the MOA which has not been amended, any authorization of more than 180 hours (eg the 300 hours cap) would need a formal written amendment to the MOA and not just a FAA reevaluation.
7. Closures by the county may be in violation of the Public Trust Doctrine that specifically and strongly supports the State protecting natural resources and public land access.
8. The written reevaluation on 12/2/20 by the FAA increased the allowed hours to 300 per year (although not reflected in any revision of the MOA). The closures in 2021 have already exceeded this number in less than 5 months, with 385 hours as documented by the U.S. Fish & Wildlife Service and the Coastal Bend Bay & Estuary Program (vs 335 hours as published by the County announcements).

### Cameron County Letter to SpaceX regarding the Save RGV letter (June 11, 2021)

On June 11, 2021 Luis V. Saenz of Cameron County forwarded a letter to Shyamal Patel, senior director of Starship Operations, mentioning the complaints raised by Save RGV.

Relating to point 5 in the above letter, County staff themselves visited the area in order to verify the veracity of the complaint. As the staff has turned onto Remedios Avenue, they have been "immediately approached, stopped, and detained by Mr. Oscar Lopez", a SpaceX security personnel, and had to return to Highway 4 although they informed him about the purpose of their visit. Obstruction of a highway would be a class B misdemeanor for a person without the authority. Saenz informs SpaceX that Mr. Lopez isn't holding any type of Texas Security License necessary. He also mentions that in early April 2021, Cameron County has already advised SpaceX that this type of conduct was inappropriate.

As for the closing hours, Saenz asks the following questions:

* Does this number (385 hours) match Space-X's records regarding closure hours?
* Does Space-X keep a record of closure hours?
* If so, how does Space-X calculate the closrue hours?

Additionally, he demands the document that supports the postion that the authorized hours is capped at 300 hours as opposed to 180 hours.

As for points 1 and 3 in the letter, Saenz asks:

* Have beach access mitigation plans been created and provided to the county?
* Have all requests for closure of State Highway 4 been made with at least 14 days' notice, and if not, is there a legal basis for making them with less than 14 days?

Although he cannot take action against any points raised as long as this is no prosecution, Saenz threatens that he mus advise his "law enforcement partners that, absent a well-reasoned response by Space-X answering the questions addressed herein, it would be prudent for them not to permit any police officer or sheriff/constable deputy to work for or assist with Space-X operations that may run afoul of Texas Law." Saenz continues: "While I cannot mandate my law enforcement partners take a particular course of action, I feel my duty, as a public servant, to inform them of the issues identified herein".

He asks for a response by Monday June 14, 2021. As of June 25, no answer has been made public yet.

1. ↑ Letter to Cameron County Regarding Closures (June 3, 2021)[1]
2. ↑ https://drive.google.com/file/d/10CinjDSNNo0rs0Gbqs777FI7ZIW9VR\_D/view?usp=sharing