Save RGV to appeal ruling in lawsuit over beach closures

Cars park on the sand Wednesday, June 2, 2021, as beachgoers visit Boca Chica Beach. (Denise Cathey/The Brownsville Herald)

Environmental advocacy group Save RGV plans to appeal a recent ruling regarding SpaceX and beach closures at Boca Chica beach.

In a press release Wednesday, the group said it would file an appeal following a recent decision by Cameron County state District Judge Gloria Rincones, who ruled in favor of Cameron County and the General Land Office pertaining to the closure of Boca Chica beach which the group said was unconstitutional.

The environmental group had initiated a lawsuit against the county and the GLO in November 2021, arguing that certain sections of the BH2623, known as the Texas Beach Closure Bill, that allow for public beach closures for space flights are unconstitutional.

The lawsuit sought a declaration that certain “county actions are invalid and unconstitutional, namely, issuance of orders allowing the county judge to order the closure of Boca Chica Beach and or State Highway 4.”

In response, Cameron County sought a plea to the jurisdiction, stating Save RGV did not establish standing and subject matter jurisdiction and that Save RGV’s lawsuit should be dismissed.

Save RGV in a press release stated Rincones’ ruling goes against the people of Texas.

“This ruling means that Article I, Bill of Rights, Section 33(b) of the Texas Constitution which states, ‘The public, individually and collectively, has an unrestricted right to use and a right of ingress to and egress from a public beach’ cannot be defended or enforced by anyone,” the SAVE press release stated.