Coastal and Ocean Management Law in a Nutshell

Coastal management law comprises aspects of property law, land use regulation, water law, natural resources law, constitutional law, federal and state statutory law, and international law in the special context of the coastal environment. This Nutshell serves as an introduction to U.S. coastal and ocean management law or as an effective refresher for both law students and practitioners.

Table of Cases

xi

Introduction

1

(7)

Public and Private Rights in the Coastal Zone

8

(34)

Ownership of Land Under Navigable Waters

8

(3)

The Boundary Between Public and Private Lands

11

(3)

Ambulatory Boundaries

14

(5)

The Significance of Public Ownership

19

(12)

The Public Trust Doctrine

19

(2)

The Geographic Scope of the Public Trust Doctrine

21

(4)

Divestment of Public Trust Lands

25

(6)

Rights of Riparian or Littoral Owners

31

(11)

The Scope of Riparian or Littoral Rights

31

(6)

Limits on Riparian Rights---The Navigation Servitude

37

(5)

Public Access to Beaches and Shores

42

(17)

Common Law Theories for Beach Access

42

(3)

Public Easements by Prescription

43

(2)

Common Law Theories for Beach Access---Continued

Implied Dedication

45

(2)

Customary Use

47

(2)

The Public Trust Doctrine

49

(2)

Statutory and Regulatory Access Requirements

51

(1)

The Nature of a Public Easement

52

(2)

Public Beach Access and Takings Jurisprudence

54

(5)

Protection of Existing Public Beach Access

54

(2)

Beach Access Conditions on Development Permits

56

(3)

Management of Coastal Resources

59

(61)

Coastal Zone Management

59

(13)

Framework of the Coastal Zone Management Act of 1972

59

(4)

Development and Approval of State Programs

63

(4)

Operation of the CZMA

67

(1)

Programmatic Approaches

67

(1)

Coastal Zone Boundaries

68

(2)

The CZMA and the Commerce Clause

70

(2)

Intergovernmental Cooperation and the CZMA---The Federal Consistency Requirement

72

(16)

Effects Triggering Consistency Review

77

(2)

Interstate Consistency

79

(1)

Federal License or Permit

80

(1)

Maximum Extent Practicable

80

(2)

Positive Consistency

82

(2)

Appealing Consistency Determinations

84

(4)

Regulation of Coastal Development

88

(10)

Limiting Infrastructure Funding

89

(2)

Coastal Construction Regulation

91

(7)

Protecting Coastal Wetlands

98

(7)

Coastal Management and the Takings Issue

105

(15)

Coastal Construction Regulation

111

(5)

Wetlands Regulation

116

(4)

Offshore Resource Management

120

(126)

The Tidelands Controversy and the Submerged Lands Act

120

(9)

Oil and Gas Development of the Outer Continental Shelf

129

(22)

The OCSLA Leasing and Development Program

131

(1)

The Five--Year Lease Program

131

(4)

The Lease Sale

135

(12)

Exploraiton and Development Plans

147

(2)

OCS Revenue Sharing

149

(2)

Marine Minerals Mining

151

(5)

OCS Hard Mineral Mining

151

(3)

Deep Seabed Hard Mineral Resources

154

(2)

Historic Preservation and Marine Salvage

156

(15)

Background

156

(8)

The Abandoned Shipwreck Act of 1987

164

(7)

Management of Special Marine Areas---National Marine Sanctuaries

171

(4)

Management of Fishery Resources

175

(22)

Historical Background of State Fisheries Management

175

(3)

Federal Fisheries Management

178

(8)

State Management After Enactment of The MSFCMA

186

(1)

Interpretation of ``Registered''

187

(2)

Federal Preemption

189

(3)

Other Constitutional Challenges

192

(4)

Enforcement Issues

196

(1)

Management of Protected and Endangered Marine Species

197

(49)

Whales

197

(1)

Background

197

(1)

The 1946 International Whaling Convention

198

(5)

United States' Enforcement of the International Whaling Convention

203

(8)

Other United States Actions to Protect Whales

211

(1)

Marine Mammal Protection

211

(1)

The Marine Mammal Protection Act

211

(7)

Marine Mammal--Fisheries Interactions

218

(1)

The Tuna--Dolphin Controversy

218

(4)

Incidental Taking in Other Commercial Fisheries

222

(3)

High Seas Driftnet Fisheries

225

(2)

The Endangered Species Act

227

(10)

Protected Marine Species and Gatt

237

(9)

Pollution and the Marine Environment

246

(60)

Oil Pollution and Oil Spills

249

(41)

The International Regime

249

(7)

Domestic Oil Pollution Regulation

256

(1)

Prohibitions and Enforcement Under the Clean Water Act Section 311

257

(8)

Liability for Clean Up Costs and Damages

265

(1)

Traditional Maritime Tort and Common Law Remedies

265

(3)

The Oil Pollution Act of 1990

268

(12)

Which Law?

280

(8)

Pollution Prevention and Spill Response

288

(2)

Ocean Dumping

290

(8)

Persistent Marine Debris---Plastics

298

(3)

Point Source Discharges From Land and Offshore Facilities

301

(2)

Pollution From Other Land--Based Activities

303

(3)

Domestic Ocean Policy and the Law of the Sea

306

(79)

The Current Context of the Law of the Sea

306

(7)

The Territorial Sea and Contiguous Zone

313

(16)

Baselines

317

(4)

Rights and Duties of Coastal Nations---Navigation

321

(8)

The Continental Shelf

329

(4)

Fishery Zones and Exclusive Economic Zones

333

(4)

The High Seas

337

(4)

The International Seabed Area

341

(7)

The International Seabed Regime of the Los Convention

342

(2)

The United States Objections and the Implementing Agreement

344

(3)

The Seabed Provisions and the Future of the Los Convention

347

(1)

Maritime Boundary Delimitation

348

(16)

Background

348

(6)

United States Maritime Boundaries

354

(1)

Cuba--United States Boundary

355

(1)

Mexico--United States Boundaries

355

(1)

Soviet Union (Russia)-United States Boundary

356

(2)

U.S. Possessions and Territories

358

(1)

United States--Canada Boundary in the Gulf of Maine

358

(6)

Marine Scientific Research

364

(7)

Dispute Resolution in the LOS Convention

371

(4)

Marine Fisheries---The Failure of Fisheries Management

375

(10)

High Seas Fisheries for Migratory and Straddling Fish Stocks

378

(2)

EEZ Fisheries Management

380

(5)

Index

385

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Coastal and Ocean Management Law in a Nutshell

Summary

Table of Contents

Supplemental Materials