A legal dispute over SpaceX’s rocket launch operations in South Texas has reached the state’s highest court, where Supreme Court justices are now weighing whether temporary beach closures tied to launches violate Texans’ constitutional rights to access public beaches.
The Texas Supreme Court heard oral arguments on Thursday in a case that challenges laws allowing authorities to restrict access to Boca Chica Beach, located near SpaceX’s Starship launch facility at Starbase, Texas. The hearing took place at the University of Texas Rio Grande Valley in Edinburg, and is the latest development in a legal fight that has been making its way through the courts since 2022.
At the heart of the dispute is whether closing the beach during rocket launches conflicts with the Texas Constitution and the state’s Open Beaches Act, which guarantees public access to the Gulf Coast shoreline.
Environmental Groups Challenge Launch Closures
The lawsuit was brought by several organizations in the Rio Grande Valley, including Save RGV and the Sierra Club, along with representatives of the Carrizo Comecrudo Tribe of Texas. The plaintiffs argue that a state law allowing beach closures for spaceflight activities improperly gives a private company control over public land.
Their challenge centers on Texas House Bill 2623, legislation that allows Boca Chica Beach to be temporarily closed during rocket launches and related operations.
During Thursday’s hearing, attorney Marisa Perales, representing the plaintiffs, argued the closures undermine constitutional protections.
“When the government closes the beach under its HB 2623 authority, it does so at the request of SpaceX, so that SpaceX can take possession of the beach, exclude the public from it, use it as its blast zone for its space flight activities for as long as it wants, whenever it wants,” she told the justices. (via TPR)
Opponents also contend the closures conflict with a 2009 constitutional amendment approved by Texas voters that reinforced public beach access protections.
State Argues Closures Support Space Industry
Attorneys representing the state and other defendants argued the policy strikes a necessary balance between public access and safety during rocket launches.
Beth Klusmann, speaking for the Texas Attorney General’s Office, defended the law and the state’s ability to temporarily limit access when necessary.
“It balances the public’s right to the beach with the state’s interest in furthering the space industry, which will, of course, assist and benefit Texas and Texans.”
State officials also pointed to safety concerns. Federal regulations require launch providers to establish exclusion zones during rocket launches, and that zone extends across portions of the beach and the nearby State Highway 4, the only road connecting the area to the rest of the region.
Starbase and Starship Launches
SpaceX has been conducting launches from the Boca Chica area since 2014 as part of its development of the Starship rocket system, which the company intends to use for missions to the Moon and eventually Mars.
In May 2025, the Federal Aviation Administration (FAA) approved an expansion of operations at the site, allowing SpaceX to conduct up to 25 launches per year.
The launch facility sits next to Starbase, the community that formed around the company’s operations and officially incorporated as a city in 2025. Authority over launch-related closures was previously held by Cameron County, but recent legislation transferred that power to the city of Starbase.
Following Thursday’s arguments, the nine justices will deliberate before issuing a ruling. Decisions from the Texas Supreme Court are typically released between September and June, meaning a final verdict could still be months away.
