Texas Supreme Court Dismisses SpaceX Beach Closure Lawsuit

The Texas Supreme Court ruled on Friday that private environmental groups don’t have a right to sue Elon Musk’s SpaceX to preserve public access to beaches closed for rocket launches.

In 2021, Save RGV, a South Texas nonprofit, sued the Texas General Land Office, Commissioner Dawn Buckingham, and Cameron County itself. They argued that Boca Chica Beach, a public beach just south of South Padre Island and east of Musk’s Starbase, had been improperly closed for the launch along with State Highway 4, the only access road. The lawsuit was joined by the Sierra Club and the indigenous Carrizo and Comecrudo Nation of Texas. The Federal Aviation Administration mandates that SpaceX needs to clear both the beach and the highway before attempting any launch.

SaveRGV argued that SpaceX closing down the public beach for its rocket launches violated the Texas Constitution. A 2009 amendment guaranteed public access to state beaches, and was passed with 77 percent support from Texans, according to the Texas Tribune. The Boca Chica Beach area is surrounded by a national wildlife refuge and state park territory, home to sea turtles and various migratory birds.

The lawsuit also sought to void a 2013 law that gave SpaceX the green light to close the beach for safety reasons during space flight. At the time, the plaintiffs argued that SpaceX was abusing the exemption and dramatically increasing flight frequency, disrupting previously normal activity in the area. The outlet reported that in a unanimous ruling, the lawsuit was dismissed with prejudice, on jurisdictional grounds: The 2009 amendment does not state a private right to sue for public access.

With the ruling, Starbase and SpaceX will be able to keep launching in Cameron County, and will remain an economic engine for the area. Local leaders projected that the company town generated over $13 billion in impact between 2024 and 2026.

— Hunter Cooke