MSC 313 Exam 1 2025

Equal Footing Doctrine - -new states get the same rights as the original 13 once they become a state (they gain all submerged lands under the MHWL) Equal Footing Doctrine EXCEPTIONS - - 1. land given by fed gov to the territory before the territory became a state 2. land grants given by foreign country Public Trust Doctrine - -government holds in trust some lands for public use The right to 1. commerce 2. navigation 3. fishing 4. bathing- 5. swimming- 6. other recreation- -Florida-specific Martin v. Lessee of Waddell - -Equal Footing Doctrine (and Alabama's rights granted by it) Shively v. Bowlby - -Oregon -Illustration on how exceptions to equal footing doctrine play out -Ruling: Fed grants do not include adjacent submerged lands Illinois Central Railroad v. Illinois - -State sells railroad company land along and large portion of submerged lands within the Chicago River. State comes back to revoke deed because the amount of submerged lands sold intrudes on public trust rights State can step in when public trust is impacted, state shall not hand over rights and responsibilities to uphold public trust Mean High Waterline (MHWL) - -line that separates land from water; the boundary between private and state owned lands Legal boundary between public and private in the state of FL MHWL in California - -the average of the mean high water lines over the course of 18.6 years MSC 313 MSC 313 MSC 313 Determines California's private upland and public tideland boundaries (determined by The Court of Appeals) Tideland and submerged land powers? - -States When can the state abdicate its trust over property? - - 1. if parcels are sold to improve the navigation and use of the water. 2. when parcels can be disposed of without impairment of the public interest in what remains Borax v. City of Los Angeles - -California dispute over where the boundary between tidelands and uplands lies In the state of California, whose determinations, including the correctness of the survey of the MHWL taken, were final and binding? - -The General Land Office (of California) Coastal zone - -the area encompassing the uplands, tidelands, and submerged lands Uplands - -lands lying landward (above) the MHWL; private Tidelands - -lands lying below the MHWL and the ML waters Submerged lands - -lands lying seaward (below) the ML waterline; state/Fed Two types of law in the US - -1. civil 2. common law (what we practice) Where can the Public Trust Doctrine be traced back to? - -the Romans (they claimed the seashores were common to all) The English common law becoming more widespread is the joint result of? - -1. English government wanting to unify the colonies 2. the colonist desire to gain freedom What did the US Constitution do? - -1. surrendered some of the states rights to the tidelands (get them back in 14th amendment) 2. provides Fed Gov with commerce clause powers and admiralty jurisdiction What did the US Constitution provide the Fed govt with? - -1. commerce clause powers 2. admiralty jurisdiction "Federal navigation servitude" - -the Fed Government's paramount authority to control and regulate the navigable waters of the US (under the commerce clause) Submerged Lands Act - -defined state ownership MSC 313 MSC 313 gave land beneath the navigable waters back to the coastal states (unless they had been legally purchased by the Fed govt) 3/9 miles (9 miles in the Gulf for FL and Texas) What three states caused the Submerged Lands Act? - -California, Louisiana, and Texas Neap tides - -the tide with the least difference between consecutive low and high tides used to separate private ownership from public ownership in the state of California River and Harbors Act - -gave the army corps of engineers control of dredging, filling, and wafting in order to prevent obstruction of navigation 1. does it impact navigation? 2. what are the ecological factors, even if navigation is not obstructed? (Zabel vs Tabb) Outer Continental Shelf Lands Act (OCSLA) - -defined the boundaries of federal government ownership submerged lands 3+ miles are under Fed govt control NEPA - -major federal action significantly affecting the quality of the human environment EPA 1. environmental impact of project 2. any environmental impacts that can be avoided 3. alternatives to the proposed project Ports and Waterways Safety Act - -Coast Guard gives USCG authority to control ship movements and improve ship design, operations, and construction Tank Vessel Act - -sets regulations on ship design, construction, and repairs in order to protect marine environment bulk cargo vessels carrying oil, combustible or inflammable liquids, or any other hazardous substances Federal Water Pollution Control Act (FWPCA) - -works to "restore and maintain the chemical, physical, and biological integrity of the nations water" USACOE to control dredge and fill materials into navigable waters MSC 313 MSC 313 Marine Protection, Research, and Sanctuaries Act (Ocean Dumping Act) - -regulates dumpling in the territorial sea and contiguous zone dumping must not unreasonably degrade or endanger human health or the marine environment Deepwater Port Act - -who is liable: 1. the vessel, 2. the port types of liability: 1. gross negligence, 2. willful misconduct Coastal Zone Management Act (CZMA) - -encourages states ($$$) to conduct their own coastal zone management programs -- in return, they will be given fed funding (up to 80% of the project) Requires states to contain planning proces