The future of beach access at SpaceX’s South Texas launch site — and potentially the viability of its operations there — now rests with the Texas Supreme Court.

The nine-member court heard arguments last week in Edinburg over whether Cameron County can close Boca Chica Beach for rocket launches at SpaceX’s Starbase facility near Brownsville. Texas Monthly reported that environmental groups argued those closures violate Texans’ constitutional right to public Gulf Coast beaches, while state officials countered that they’re necessary to safely operate one of the country’s fastest-growing spaceports.

The case stems from a lawsuit filed four years ago by Save RGV, joined by the Sierra Club and the indigenous Carrizo and Comecrudo Nation of Texas. The plaintiffs contend that repeated closures of the public shoreline to accommodate launches and tests violate the state’s Open Beaches Amendment, which guarantees public access to beaches.

State officials — including Attorney General Ken Paxton, Cameron County and the Texas General Land Office — said that interpretation is far too rigid, according to the publication. Lawyers for the state argued the amendment guarantees access in general but doesn’t promise that every beach will remain open at all times.

The dispute highlights the unusual collision between Texas’ decades-old coastal access laws and its ambitions to become a hub for the private space industry.

The Boca Chica facility, roughly 20 miles east of Brownsville, grew dramatically since Elon Musk and former Gov. Rick Perry broke ground on the site in 2014. What began as a modest launch facility for small rockets expanded into a sprawling complex where SpaceX builds and tests its massive Starship vehicles — orbital rockets that stretch about 400 feet tall.

Those operations require large safety zones, particularly during engine tests and launches, when explosions or falling debris are possible. The Federal Aviation Administration requires SpaceX to clear the surrounding area — including the beach and nearby highway — before approving launches.

To make that possible, Texas lawmakers amended the Open Beaches Amendment in 2013 to allow temporary closures tied to spaceflight operations. Environmental groups contend the exemption has been abused as SpaceX dramatically expanded its activities, according to the outlet.

Save RGV argues that if Cameron County cannot block public access to Boca Chica Beach, SpaceX would effectively be unable to meet federal safety requirements, halting launches at Starbase. And behind the scenes of the legal fight, the operation has become one of the biggest economic engines in South Texas. 

SpaceX has built multiple launch towers and is expanding its reach with new roads, engine test facilities and propellant storage, according to the outlet. The company is also planning a $250 million rocket manufacturing complex known as Gigabay.

Local officials said the project has transformed the region’s economy. Cameron County leaders have cited SpaceX estimates that the company generated more than $13 billion in economic impact locally between 2024 and 2026.

The launch site sits amid environmentally sensitive land, surrounded by a national wildlife refuge and state park territory known for nesting migratory birds and sea turtles — a key reason environmental groups have fought the project for more than a decade.

The Supreme Court’s decision could arrive before its summer recess in June. The justices have several options: dismiss the lawsuit, send it back to lower court with new legal guidance or rule directly on whether the beach closures violate the state constitution.

— Eric Weilbacher

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