Environmentalist Group Sues Over SpaceX Test Launch Beach Closures

A Texas non-profit environmentalist group named SaveRGV has filed a lawsuit concerning Elon Musk’s company SpaceX. The lawsuit targets activities of the legendary company after repeated road closures for test launches has restricted access to the public Boca Chica Beach.

In the complaint, the Texas General Land Office, its commissioner George P. Bush, and Cameron County are all named as defendants. SaveRVG alleges that the repeated closures of the road leading up to the beach and the beach itself is unconstitutional as it denies visitors public access.

The lawsuit is the latest notch of tension that has existed between the Texas environmentalist group and SpaceX’s launch facility, Starbase. The clash between the two groups made national headlines after CBS's "60 Minutes" aired a report in August that detailed the relationship between the two groups. Musk has famously dubbed the facility the “gateway to Mars.” Here, Musk aims to advance orbital flights. Routine test flights and other activities are the reasons the closures continually take place.

In the lawsuit, SaveRGV describes itself as an organization made up of individuals who live in the Rio Grande Valley and “enjoyed regular use of Boca Chica Beach.” Although SpaceX does publicly post planned road closures, SaveRGV argues that members have routinely been denied access because there is only one road that leads to the eight-mile stretch of beach.

In their lawsuit, which was filed Monday in Cameron County state court, SaveRGV explains that the beach and the roadway to the beach have been closed for a total of 450 hours per year since 2019.

A board member of SaveRGV, Jim Chapman, explained in a statement, “This isn’t rocket science. The Texas Constitution is crystal clear. In Texas, access to public beaches cannot be restricted.” Another member of the board, Bill Berg, explains, “This lawsuit is about a special-interest law that directly conflicts with the Texas State Constitution.”

At issue in the complaint is the Texas Open Beaches Act. In 2013, the law was amended, allowing counties to close public beaches for what they describe as “space flight activities.

The environmentalist group argues that this amendment is in direct violation of the Texas Constitution that gives Texans the unrestricted right to access the state's public beaches.

The complaint details that SaveRGV is asking the court to deem the amended Texas Open Beaches Act that restricts access to the beach to be unconstitutional. The group also makes note of Boca Chica Beach being located in a wildlife refuge.

The environmental group has also previously complained to the Federal Aviation Administration about SpaceX’s operations. The launch site is located right alongside the beach, and the group argues that the company is allowed to operate without oversight.

Last month, the FAA shared that it would extend a public comments period for members of the community to submit their feedback concerning a draft report that studies the impact of SpaceX’s program in Boca Chica.