Marine and Coastal Law: Cases and Materials

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Greenwood Publishing Group, 1994 - Law - 373 pages
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.
 

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Contents

Ownership and Boundaries of Submerged Lands
Shively v Bowlby
Brusco Towboat v State of Oregon
4
Phillips Petroleum Company v Mississippi
12
Borax Consolidated Ltd v City of Los Angeles
20
State v Ibbison
22
The Public Trust Doctrine
27
Boston Waterfront Dev Corp v Commonwealth
33
Washington v Fishing Vessel Assn
187
Idaho v Oregon and Washington
199
Federal Regulation of Fisheries
205
Maine v Kreps
213
Washington Trailers Assn v Kreps
216
Conservation Law Foundation v Franklin
218
United States v Kaiyo Maru No 53
223
Lovgren v Byrne
230

v Central Vermont Railway
41
Hall v Nascimento
48
Riparian Rights and the Navigational Servitude
53
Nugent v Vallone
57
Kaiser Aetna v United States
59
US v Sasser
64
Dardar v Lafourche Realty Co Inc
67
Public Access to the Shoreline
75
Matthews v Bay Head Association
79
State ex rel Thornton v Hay
82
Gion v City of Santa Cruz
86
Daytona Beach v TonaRama Inc
92
Bell v Town of Wells
95
Regulating Development in the Coastal Zone the Coastal Zone Management Act of 1972
109
American Petroleum Institute v Knecht
112
Secretary of the Interior v California
119
When Does Regulation go too Far? The Takings Issue
133
Annicelli v Town of South Kingstown
145
Lucas v South Carolina Coastal Council
151
State Regulation of Fisheries and Indian Fishing Rights
167
Skiriotes v Florida
176
Toonier v Witsell
180
United States v FV Alice Amanda
235
State of La Ex Rel Guste v Verity
243
Balelo v Baldridge
250
Admiralty Law
257
Sisson v Ruby
263
Delta Country Ventures Inc v Magana
265
McDermott International v Wilander
270
Mitchell v Trawler Racer Inc
275
United States v Reliable Transfer Co
278
Atlantic Mutual Ins
282
Marine Pollution Law
295
Huron Cement Co v City of Detroit
296
Askew v American Waterways Operators
302
Union Oil Company v Oppen
307
Commonwealth of Puerto Rico et al v The SS Zoe Colocotroni etc et al
309
Exxon Valdez in re
321
Cadiz off the Coast of France on March
327
Selected Provisions of the Oil Pollution Act of 1990
351
Table of Cases
355
Index
361
Copyright

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About the author (1994)

DENNIS W. NIXON is Associate Professor and Graduate Program Coordinator, Department of Marine Affairs, University of Rhode Island. In addition to practicing and teaching marine law, he has served as a maritime advisor to various international, federal, and state agencies, and has lectured and published widely on maritime affairs.

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