The Center for Biological Diversity has filed suit against U.S. government agencies for failing to release public records on plans to land rockets at Johnston Atoll National Wildlife Refuge.
More specifically, the national nonprofit filed a complaint in U.S. District Court in Hawaii over the failures of the U.S. Fish and Wildlife Service and Department of the Air Force to comply with Freedom of Information Act requests.
Those FOIA requests were filed April 7, but neither agency complied within 30 business days as required, the suit says.
The Air Force announced plans months ago to build two landing pads at Johnston, a U.S. incorporated territory about 800 miles southwest of Honolulu, for the project.
The atoll, a seabird refuge, is within the Pacific
Islands Heritage Marine National Monument, and the plan has sparked concern among numerous
conservation groups over the potential destruction to its ecology.
While not formally announced, Elon Musk’s SpaceX Starship is being
considered for the project.
“Landing massive rockets in one of the most isolated and valuable habitats for seabirds would be as destructive and irresponsible as it sounds,” said Maxx Phillips, the center’s Hawaii and Pacific Islands director, in a statement. “That’s exactly why the military and SpaceX are trying to keep this project’s details hidden from the public. This project threatens to destroy a site that millions of seabirds need for nesting and overwintering, all in the name of military
logistics and Elon Musk’s profit.”
In March, the U.S. Air Force issued a notice of intent to build and operate two landing pads at Johnston
for up to 10 reentry vehicle landings per year over four consecutive years.
A draft Environmental Assessment and Finding of No Significant Impact (FONSI) were initially expected to be available for public review in early April, but has been delayed to an unknown date.
The Center for Biological Diversity said it requested certain documents pertaining to the proposed construction at Johnston Atoll due to the likelihood of
substantial environmental impacts on essential fish habitat, migratory birds, and other protected species.
“The Johnston Atoll and the surrounding Pacific
Islands Heritage Marine
National Monument protect vital nesting habitat for seabirds, shallow coral reefs, and marine habitat,” said the Center in its suit. “Roughly a million seabirds use the Johnston Atoll for feeding, nesting, and resting, and it is home to a variety of wildlife throughout the year.”
These include bird species such as red-tailed tropicbirds, red-footed boobies and great frigatebirds, and endangered species such as green sea turtles and Hawaiian monk seals, which are known to be present at times in the waters and on the
island.
The USFWS declined to comment due to ongoing litigation. The Air Force said the EA and FONSI would be out later this year, with no specific date.
Phillips said the FOIA suit is part of an effort to gain more transparency from the agencies on their plans. The FOIA process has strict timelines and clear procedures in place.
“We filed the lawsuit because the USFWS and Air Force are unlawfully holding public records related to — from our standpoint — a deeply concerning proposal to operate rocket landing pads at Johnston,” Phillips said. “The public deserves to know when and how the government is putting fragile ecosystems at risk, especially for places like Johnston Atoll that have no permanent residents to speak for them.”
One concern includes the impacts of the loud noise from rockets on sensitive species such as Hawaiian monk seals.
The Center said the thriving seabird population at Johnston today is only possible after a decade of efforts by the USFWS to eradicate
invasive yellow crazy ants, which wreaked havoc on birds, causing blindness,
injury and death.
Johnston, known as Kalama to Hawaiians, was used by the military in earlier decades to launch nuclear weapons tests, as well as for the storage of the defoliant Agent Orange and destruction of chemical weapons. The yellow crazy ants ended up at Johnston as a result of earlier human activity, but since the military pulled out 20 years ago, the atoll is now recovering.
“This isn’t just about rocket testing,” Phillips said. “It’s about protecting endangered species, honoring conservation efforts already paid for by taxpayers, and defending our shared natural heritage. If we don’t demand accountability now, we risk losing one of the Pacific’s last wildlife sanctuaries.”
The U.S. Air Force project is part of a “rocket cargo vanguard” program exploring the use of commercial rockets for rapid, global military cargo delivery.
The use of rocket cargo could “fundamentally alter the rapid logistics landscape, connecting materiel to joint warfighters in a fraction of the time it takes today,” said Chief of Space Operations Gen. John W. “Jay” Raymond in an earlier news release about the program.
“In the event of conflict or humanitarian crisis, the Space Force will be able to provide our national leadership with an independent
option to achieve strategic objectives from space,”
Raymond said.
But conservation groups have been rallying against the project, saying that rocket testing poses serious risks, including contamination, debris, noise pollution and the potential for failed landings within protected waters.
The Pacific Islands Heritage Coalition launched a petition strongly objecting to the plan, calling for a full environmental impact statement. The number of signatures since the petition’s launch in March has doubled, with more than 3,700 signatures as of Friday.
The Center says SpaceX has had a history of inadequate environmental review and recurring harm to sensitive and ecologically critical habitat on national wildlife refuge lands, including several explosions.
On April 20, 2023, the
Center said, a SpaceX rocket exploded next to the Boca Chica Wildlife Refuge in south Texas, igniting a
3.5-acre brush fire and hurling concrete and metal into tidal flats.
“All shorebird nests surveyed after the accident showed damage or missing eggs, consistent with being hit with debris,” said the
center in its news release.
At the time, the center, along with the American Bird Conservancy, Surfrider
Foundation and other groups sued the Federal Aviation
Administration for allowing the expansion of such operations without more detailed environmental study.
SpaceX has already had a series of failed landings this year, including on Jan. 17 and March 6, which disrupted commercial flights and rained debris over the
Caribbean islands.
The latest SpaceX Starship rocket test flight failed last week — when it spun out of control about halfway through its flight after launching from Texas.
The center is also part of a suit filed by Earthjustice challenging the legality of Trump’s executive order opening the Pacific Islands Heritage Marine National Monument to commercial fishing.
“Since the start of Trump’s second term, the Center has pursued numerous strategic Freedom of Information
Act lawsuits seeking public records about the administration’s destructive anti-environment agenda,” said the center. “The records sought include emails and other documents detailing plans to accelerate logging in national forests, carry out mass firings and dismantle protections for the nation’s wetlands.”
The center said the requested records would help the public understand the project’s scope and whether the environmental study adequately examines its risks. It expects to receive records due to the Johnston suit in the next two to three months.
