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Texas Supreme Court Weighs Challenge to SpaceX Beach Closures at Boca Chica

The case tests whether Texas’ Open Beaches guarantee limits safety closures for rocket launches or yields to the state’s police power.

Overview

  • Justices heard oral arguments in Edinburg on a constitutional challenge to Texas House Bill 2623, which authorizes temporary closures of Boca Chica Beach for SpaceX activities.
  • Plaintiffs — Save RGV, the Sierra Club, and the Carrizo/Comecrudo Tribe of Texas — argue the law violates the Constitution’s promise of “free and unrestricted” public beach access.
  • Deputy Solicitor General Beth Klusmann, arguing for the state, said closures fall within valid police powers and pressed that access rights are not absolute, drawing questions about how far limits could go.
  • Attorney Marisa Perales, for the plaintiffs, contended the state cannot cede public access to facilitate hazardous private launches, with justices probing where constitutional limits should be drawn.
  • The court also examined whether private parties can enforce the Open Beaches provision, as Cameron County’s lawyer argued only state entities may sue, while the justices queried how violations would be remedied under that view.