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Lawsuit filed to stop land swap between SpaceX and state of Texas

Under the deal, Texas would give 43 acres of land within Boca Chica State Park to SpaceX.

AUSTIN, Texas — Environmental groups in the Rio Grande Valley are trying to stop Texas from giving public land to Elon Musk's space exploration company, SpaceX.

They're suing the Texas Parks and Wildlife Department (TPWD) and Texas Parks and Wildlife Commission, saying the state giving 43 acres of land within Boca Chica State Park to SpaceX violates the Texas constitution.

Under the deal between the state and SpaceX, Texas would get 447 acres of land in exchange.

The lawsuit also states Boca Chica Beach and the surrounding area is a sacred place for the Carrizo/Comecrudo Tribe of Texas. The indigenous group is part of the lawsuit, along with the South Texas Environmental Justice Network and a nonprofit called Save RGV.

“Boca Chica Beach and its surrounding environment is one of the last pieces of untouched coastline left in Texas, the rest under threat of environmental damage due to oil and gas export projects. It is also incredibly disappointing to see that land sacred to the Carrizo/Comecrudo Tribe of Texas is being sold and destroyed without even consulting the Tribe to begin with,” said Christopher Basaldú with South Texas Environmental Justice Network. “We’re suing the Texas Parks and Wildlife Department because they do not take the concerns of the local community seriously and should help preserve our beach and surrounding environment rather than sell it off to the highest bidder.”

RELATED: Bastrop leaders strike deal with SpaceX, The Boring Company to avoid dumping wastewater in Colorado River

The lawsuit argues the state failed to consider alternatives to giving away public land and failed to ensure the minimization of harm to public land.

According to the lawsuit, SpaceX does not own the land Texas could receive as part of the deal. In January, The Texas Standard reported Musk was still negotiating to buy the land.

RELATED: Texas approves beachfront land swap between SpaceX, Parks and Wildlife Commission

Texas Parks and Wildlife leaders told KVUE they can't comment specifically on the lawsuit but say the state has been interested in the land SpaceX is giving them for years.

“We aren’t at liberty to comment on the lawsuit, but I can note that the 477 acres offered to TPWD near Laguna Atascosa National Wildlife Refuge encompass one of the most biologically diverse regions in North America, sheltering endangered species, winter fowl and other migratory birds,” a spokesperson said. “The land has been of interest to us and the conservation community for many years and an exchange would create a tenfold return while allowing TPWD to work with partners in the region to plan for a new state park for public enjoyment with access for fishing, kayaking, wildlife viewing, hiking, biking and family gatherings in a rapidly developing region of Texas.”

The lawsuit was filed in the District Court of Travis County on Wednesday, April 3.

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