E-Book Overview
This book brings together the leading cases in United States marine and coastal law, thereby capturing both the historical development of the law and the most important contemporary cases of interest to the student and the practitioner. Conceptually, the book moves from the shore to the high seas, beginning with the foundations of coastal law and ending with recent marine pollution disasters. At the outset, the ownership and boundaries of submerged lands are explored, followed by the leading cases delineating the public trust doctrine. That doctrine, which controls the ownership and transfer of submerged and filled lands, has played a critical role in the redevelopment of American urban waterfronts. The rights and responsibilities of coastal land owners are discussed in chapters involving riparian rights, the federal navigational servitude, and the public's increasing demands for access to the shore. The congressional response to multiple use conflicts along the shore, the Coastal Zone Management Act, is explored along with the critical problem of when a regulation goes too far and becomes a "taking." Subsequent chapters examine state and federal regulation of fisheries, Indian fishing rights, and the Magnuson Act, which expanded U.S. jurisdiction over fisheries to 200 miles off shore. Finally, Nixon examines some of the key issues in admiralty law, with an emphasis on catastrophic oil pollution from tankers. This is an innovative text invaluable to students and practitioners of maritime law as well as those involved with coastal management and marine affairs.
E-Book Content
MARINE AND COASTAL LAW
MARINE AND
COASTAL LAW Cases and Materials
Dennis W. Nixon
Westport, Connecticut London
Library of Congress Cataloging-in-Publication Data Nixon, Dennis W. Marine and coastal law : cases and materials / Dennis W. Nixon. p. cm. Includes index. ISBN 0–275–93763–1 (alk. paper) 1. Coastal zone management—Law and legislation—United States— Cases. 2. Marine mineral resources—Law and legislation—United States—Cases. 3. Maritime law—United States—Cases. I. Title. KF5627.A7N59 1994 346.7304'6917—dc20 [347.30646917] 93–30986 British Library Cataloguing in Publication Data is available. Copyright © 1994 by Dennis W. Nixon All rights reserved. No portion of this book may be reproduced, by any process or technique, without the express written consent of the publisher. Library of Congress Catalog Card Number: 93–30986 ISBN: 0–275–93763–1 First published in 1994 Praeger Publishers, 88 Post Road West, Westport, CT 06881 An imprint of Greenwood Publishing Group, Inc. Printed in the United States of America
The paper used in this book complies with the Permanent Paper Standard issued by the National Information Standards Organization (Z39.48–1984). P In order to keep this title in print and available to the academic community, this edition was produced using digital reprint technology in a relatively short print run. This would not have been attainable using traditional methods. Although the cover has been changed from its original appearance, the text remains the same and all materials and methods used still conform to the highest book-making standards.
To my parents, Jack and Rita Nixon
CONTENTS
Preface xi Introduction
xiii
Chapter 1: Ownership and Boundaries of Submerged Lands Martin v. Lessee of Waddell 1 Shively v. Bowlby 7 Brusco Towboat v. State of Oregon 12 Phillips Petroleum Company v. Mississippi Borax Consolidated Ltd. v. City of Los Angeles State v. Ibbison 30
1
20 28
Chapter 2: The Public Trust Doctrine 35 Illinois Central Railroad v. Illinois 35 Boston Waterfront Dev. Corp. v. Commonwealth 41 State of Vermont and City of Burlington v. Central Vermont Railway 49 Hall v. Nascimento 56 Chapter 3: Riparian Rights and the