1. INLAND LITIGATION UNDER THE OUTER CONTINENTAL SHELF LANDS ACT.
- Author
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Duke, Brandon
- Subjects
- *
CONTINENTAL shelf , *BP Deepwater Horizon Explosion & Oil Spill, 2010 , *MARITIME boundaries , *SUBMERGED lands , *OIL wells , *COURTS of special jurisdiction , *DISTRICT courts , *AMERICAN law - Abstract
The article discusses the jurisdictional issues surrounding litigation related to operations on the Outer Continental Shelf (OCS) in the United States. The Outer Continental Shelf Lands Act (OCSLA) grants federal courts jurisdiction over cases arising from activities on the OCS. However, applying this test to commercial disputes on the OCS has proven challenging. The article highlights the historical background of ownership claims over submerged lands and the subsequent controversy over control of the tidelands. It also discusses the legislative efforts and court decisions that led to the Submerged Lands Act and the OCSLA, which clarified ownership and jurisdictional rights over these resources. The article suggests that recent court decisions affirming broader jurisdiction under OCSLA are more faithful to the statute's intent. [Extracted from the article]
- Published
- 2024