Starbase Louisiana: is the SpaceX immunity law constitutional?

This white paper examines the constitutionality of La. R.S. 9:2800.31, a Louisiana statute granting broad civil immunity to SpaceX for disturbances such as noise, sonic booms, vibration, overflight, smoke, odor, and visual intrusion. It argues that the statute substantially limits the longstanding property rights and remedies of neighboring Vermilion Parish landowners under the Louisiana Civil Code. After addressing standing and ripeness concerns, the paper evaluates challenges based on due process, state and federal takings protections, equal protection, Louisiana’s prohibition on special laws, and access to the courts. It concludes that due process, equal protection, and open-courts claims face significant doctrinal obstacles, while the strongest potential challenges arise under the state and federal takings clauses and the constitutional prohibition against granting special immunity to a private entity.

Link to white paper: https://acrobat.adobe.com/id/urn:aaid:sc:US:8a7d06eb-4578-4890-9ca8-c50e67d886e9