A Texas law that lets Elon Musk and SpaceX overtake a public beach for flight launches can be challenged in court as unconstitutional, a state appeals court said Thursday.
The Thirteenth Court of Appeals said an environmental group opposed to SpaceX accessing Boca Chica beach near Brownsville, Tex., can sue to block the government from closing the beach, reversing a trial court’s ruling that it didn’t have standing.
The court’s decision stopped short of saying whether the state violated the Open Beaches Amendment in allowing local officials to authorize SpaceX’s beach takeovers, remanding that question to the trial court.
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