Texas Supreme Court Hearing - Boca Chica SpaceX Closures

The Texas Supreme Court recently held a hearing at UTRGV in Edinburg to determine the constitutionality of beach closures for SpaceX launches. The central conflict involves the 2009 "Open Beaches Amendment," which guarantees the public "unrestricted access" to state beaches, and a 2013 law (HB 2623) that allows counties to temporarily close beaches for space flight activities. With SpaceX now authorized for up to 25 launches per year, the court must decide if these safety-related closures align with the state’s constitutional protections or if they represent an overreach of government power.

The plaintiffs, including SaveRGV and the Carrizo/Comecrudo Tribe, argue that the word "unrestricted" in the 2009 amendment creates a hard boundary that the legislature cannot override.

They contend the state shouldn't be permitted to authorize a hazardous private activity and then use that hazard as a justification to limit public access. Attorneys for the state maintain that no constitutional right is absolute. They argue the closures fall under "police power" the government's inherent authority to protect public health and safety. They suggest that allowing the public into a launch "blast zone" would be a negligent failure of that duty.

Legal experts note that this ruling could have long-term effects on the Open Beaches Act along the entire Texas coast.
A win for the state might allow other industries to seek similar "safety" exceptions, while a win for the plaintiffs could significantly change how the state manages industrial growth near public lands.