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Valley groups win appeal in lawsuit over SpaceX beach closures

Valley groups win appeal in lawsuit over SpaceX beach closures
10 months 4 days 6 hours ago Saturday, February 03 2024 Feb 3, 2024 February 03, 2024 5:50 PM February 03, 2024 in News - Local

A July 2022 ruling from Cameron County's 445th district court was overturned Thursday by the Thirteenth Court of Appeals.

The original ruling came after Save RGV, Corrizo Comecrudo Tribe of Texas and the Sierra Club Lone Star Chapter filed a lawsuit against Cameron County over repeated Space X-related beach closures 

SpaceX asks Cameron County to close down State Highway 4 and Boca Chica beach for tests on a regular basis.

The Oct. 2021 lawsuit argued that the closures violated the 1959 Texas Open Beaches Act, which guaranteed the unrestricted right to use and access a beach to the public.

In her ruling, State District Judge Gloria Rincones said the plaintiffs lacked jurisdiction to sue the county.

READ MORE: Lawsuit filed against Cameron County over closure of public beach for SpaceX tests denied

The Federal Aviation Administration previously limited closures to 180 hours per year.

According to Save RGV’s original lawsuit, Boca Chica Beach was closed for up to 450 hours per year, the appeal stated.

“We reverse the trial court’s judgment and remand this case to the trial court for further proceedings,” a memorandum signed by Justice Clarissa Silva states.

The appeal is expected to be challenged and brought before the Texas Supreme Court, Save RGV said in a statement.

“The court of appeals decision should stand and Cameron County and the other state of Texas defendants should stop wasting taxpayers’ resources on further appeal” Victoria Guerra of Save RGV said in a statement made Friday. “Boca Chica belongs to the people and to the wildlife, which depends on that unique habitat to survive.”

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