A Review of the Texas Property Owners' Suit Against SpaceX

Aguilar et al. v. Space Exploration Technologies Corp. 26-cv-00485,

United States District Court, Southern District of Texas,

Brownsville Division.

SpaceX’s expanded operations at Starbase in Boca Chica, Texas, have triggered multiple lawsuits from local residents, environmental organizations, and community advocates. Among them is a major federal multi-party action by over 80 residents across nearly 60 households in the Rio Grande Valley (including Port Isabel and Brownsville). The suit targets damages stemming from repeated Starship test launches, arguing SpaceX proceeded despite knowing the impact of ground shockwaves and atmospheric vibrations on nearby residential areas.

Texas substantive law applies, and venue is exclusive in S.D. Texas through 51 U.S.C. § 50914. The case is assigned to District Judge Fernando Rodriguez, Jr. and Magistrate Judge Karen Betancourt. Class counsel includes Martinez & Tijerina P.L.L.C., Paul, LLP, Guerra, LLP, and Cristobal M. Galindo, P.C. SpaceX is represented by Gibson Dunn & Crutcher, LLP, with Atlas, Hall & Rodriguez, LLP as local counsel.

This paper examines the negligence, gross negligence, and trespass claims asserted in the Amended Complaint, including the principal allegations and damages sought under each theory. It then reviews the current litigation posture and the parties’ arguments concerning SpaceX’s motion to dismiss the plaintiffs’ non-economic damages claims. It also assesses the case's principal strengths and weaknesses under Texas law. Finally, it speculates how substantive Louisiana law may change the liability outlook if SpaceX were to face similar lawsuits in Louisiana federal court as a result of operations at Starbase Louisiana.

Link to the full paper: https://acrobat.adobe.com/id/urn:aaid:sc:US:a465fb6e-bcf1-47ef-b2c1-d9250887f8b9