United States v. Louisiana

Background

The United States and the State of Louisiana asked the Court to enter a supplemental decree after the Court accepted the Special Master’s report and directed the parties to fix a coastline baseline. The parties agreed on a proposed baseline described in Exhibit A, and the Court granted the joint motion to enter the supplemental decree that implements that baseline.

Reasoning

The Court’s decree fixes the official coastline coordinates and decides who controls the offshore lands and resources measured from that line. It declares the United States has exclusive rights to explore and exploit the continental shelf lying more than three geographical miles seaward of the baseline, and Louisiana has exclusive rights within three geographical miles, subject to exceptions in Section 5 of the Submerged Lands Act. The decree enjoins each side and persons claiming under them from interfering with the other’s rights and sets procedures for releasing and accounting for money from leases.

Real world impact

The order frees previously impounded lease revenues and requires the parties to exchange full accounting statements and to make payments within set deadlines (90 days for certain releases, 60 days for accountings). The decree directs the parties to establish three-mile lines from the baseline for final accounting and to prepare a final decree resolving remaining issues. Exhibit B lists limited historical variations in the baseline for specified periods.

Dissents or concurrances

Two Justices, Douglas and Marshall, took no part in deciding this motion, as the opinion notes.