Courtney Naquin, courtney.naquin@sierraclub.org
Brownsville, TX - Today, Sierra Club and the Carrizo/Comecrudo Tribe of South Texas filed an appeal of the 445th District Court’s decision to dismiss their lawsuit filed against Cameron County and the Texas General Land Office (GLO). The lawsuit challenges, as unconstitutional, the law that allows the County to close access to Boca Chica Beach for space flight activities by SpaceX, a project owned by billionaire Elon Musk. The lawsuit alleged that the law allowing for beach closures violated the Open Beaches provision in the Texas Constitution’s Bill of Rights. Texas Attorney General Ken Paxton intervened in the lawsuit, joining the County and the GLO as a defendant. The County, the GLO, and Attorney General Paxton moved to dismiss the lawsuit. The Court granted their motions and dismissed the lawsuit without providing a rationale for her ruling.
In May, Sierra Club and the Carrizo/Comecrudo Tribe joined local environmental group SaveRGV in the lawsuit against the defendants for closing access to the public beach for SpaceX activities. In just the first three months of 2022, the beach has been effectively closed for 196 hours. In 2021, it was effectively closed for over 600 hours.
In 2013, the Legislature amended the Texas Open Beaches Act to allow for closures of public beaches for space flight activities. Just five years later, SpaceX built its massive rocket-launching facility 1,500 feet from the water's edge on Boca Chica Beach. However, the 2013 statute change conflicts with the state constitution, which Texas voters amended in 2009 – by a 77% majority – to guarantee the right to free and open access to public beaches. Cameron County has closed Boca Chica beach so frequently that RGV residents have seen their access essentially disappear. The Carrizo/Comecrudo Nation of Texas, which holds the land of Boca Chica sacred, has been ignored while they lose access to their ancestral heritage.
Juan Mancias, Tribal Chairman of the Carrizo Comecrudo Tribe of Texas, said:
“The Carrizo Comecrudo Tribe are the original people of the Boca Chica Beach region. The river is sacred to us. When we call for the rains, we go to the river because that's where the rains come from. And we've been stopped, prevented from giving our prayers at Boca Chica beach by a billionaire's pet project and the police. Today, we have filed to appeal the judge’s terrible decision to dismiss our lawsuit because our Tribal members need access to these sacred lands.”
Emma Guevara, the Brownsville organizer for the Sierra Club, said:
“Every week, the County and the Texas GLO continue to sell out our community by abruptly closing the beach so a billionaire can launch deadly rockets near homes and wildlife," said. "Just this month, the beach was closed excessively and my family was forced to hear a massive SpaceX rocket explosion launched without any warning for the public. We're sick of this and have filed to appeal the judge's dismissal of our lawsuit."
Marisa Perales, attorney with Perales, Allmon & Ice, representing Sierra Club and the Carrizo/Comecrudo Tribe, said:
“The Texas Supreme Court has held, on several occasions, that the government has no power to commit acts that are contrary to the guarantees found in our Texas Constitution’s Bill of Rights. The Bill of Rights is a limit on State power. Texas voters overwhelmingly voted, in 2009, to ensure that access to public beaches is among the rights guaranteed by the Texas Constitution’s Bill of Rights. Restricting the public’s access to Boca Chica Beach to allow for space flight activities is contrary to the public’s guaranteed right to access public beaches. Neither the County nor the State should be allowed to violate the public’s guaranteed right to access Boca Chica Beach.”
Mary Helen Flores, a Brownsville resident, said:
“The public needs a way to defend and enforce the beach access granted in the Texas Open Beaches Act. No one gave us a referendum when they allowed SpaceX to take over our beach access. We want our Boca Chica Beach back!"
About the Sierra Club
The Sierra Club is America’s largest and most influential grassroots environmental organization, with millions of members and supporters. In addition to protecting every person's right to get outdoors and access the healing power of nature, the Sierra Club works to promote clean energy, safeguard the health of our communities, protect wildlife, and preserve our remaining wild places through grassroots activism, public education, lobbying, and legal action. For more information, visit www.sierraclub.org.