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UNITED STATES AMERICA v. STATE LOUISIANA

decided: February 22, 1993.

UNITED STATES OF AMERICA, PLAINTIFF
v.
STATE OF LOUISIANA, ET AL. (ALABAMA AND MISSISSIPPI BOUNDARY CASE)



Rehnquist, White, Blackmun, Stevens, O'Connor, Scalia, Kennedy, Souter, Thomas.

SUPPLEMENTAL DECREE

By its decision of February 26, 1985, the Court overruled the exceptions of the United States to the Report of its Special Master insofar as it challenged the Master's determination that the whole of Mississippi Sound constitutes historic inland waters, and, to this extent, adopted the Master's recommendations and confirmed his Report.

On March 1, 1988, the Court resolved the disagreement between the United States and Mississippi as to that portion of the Mississippi coastline at issue in the above-captioned litigation and directed parties to submit to the Special Master a proposed appropriate decree defining the claims of Alabama and Mississippi with respect to Mississippi Sound. On August 17, 1990, the parties agreed on and submitted to the Special Master a proposed decree in accordance with the Court's decision of March 1, 1988, which was approved by the Court on November 5, 1990. Pursuant to that Supplemental Decree, the baseline (coastline) of the State of Mississippi as well as a portion of the baseline of the State of Alabama was delimited and, by stipulation of the parties, fixed, as described by coordinates in that decree. That portion of the Alabama coastline not described by coordinates in the decree remained ambulatory.

Thereafter, a dispute arose between the State of Alabama and the United States regarding their respective claims under the Submerged Lands Act, 43 U.S.C. 1301 et seq., to offshore areas in which the baseline had not been fixed by the Court's November 5, 1990 Decree. The parties thereafter filed a joint motion with this Court, requesting that the Court invoke its continuing jurisdiction to supplement the November 5, 1990, Decree. 111 S. Ct. 377 (1990). With that motion the parties submitted for the Court's consideration a supplemental decree which would fix that portion of the Alabama baseline that had heretofore remained ambulatory, resolve the existing dispute, and avoid future jurisdictional controversies over the State of Alabama Submerged Lands Act grant.

Accordingly,

IT IS ORDERED, ADJUDGED AND DECREED as follows:

1. The parties' joint motion to supplement the Court's Decree of November 5, 1990 is granted.

2. For the purpose of the Court's Decree herein dated December 12, 1960, 364 U.S. 502 (defining the boundary line between the submerged lands of the States bordering the Gulf of Mexico), the coastline of the States of Alabama and Mississippi shall be determined on the basis that the whole Mississippi Sound constitutes state inland waters;

3. For the purposes of the said Decree of December 12, 1960, the coastline of Alabama includes:

(a) That portion of a straight line from a point on the eastern tip of Petit Bois Island where X=215985 and Y=77920 in the Alabama plane coordinate system, west zone, and X=637152.89 and Y=198279.25 in the Mississippi plane coordinate system, east zone, to a fixed point previously described as the western tip of Dauphin Island by the Court's Decree of November 5, 1990, where X=238690 and Y=84050 in the Alabama plane coordinate system, west zone, and X=659783.79 and Y=204674.56 in the Mississippi plane coordinate system, east zone, lying on the Alabama side of the Alabama-Mississippi boundary;

(b) A straight line from the fixed point previously described as the western tip of Dauphin Island where X=238690 and Y=84050 in the Alabama plane coordinate system, west zone, to a point on the western tip Dauphin Island where X=240239.49 and Y=85266.90 in the same coordinate system;

(c) The baseline delimiting Dauphin Island determined by the following points in the Alabama plane coordinate system, west zone:

E. COORD. N. COORD.

X Y

A LINE FROM 240491.79 84972.10

THROUGH 240848.85 84605.82

THROUGH 241013.42 84311.65

THROUGH 241205.05 84118.32

THROUGH 241590.69 84065.03

THROUGH 242142.09 83879.22

THROUGH 242413.48 83796.45

THROUGH 242694.43 83824.75

THROUGH 243220.74 83810.88

THROUGH 243580.37 83798.21

THROUGH 244027.43 83744.51

THROUGH 244536.27 83740.89

THROUGH 244878.06 83687.95

THROUGH 245246.75 83715.64

THROUGH 245641.25 83672.44

THROUGH 245973.56 83518.55

THROUGH 246464.50 83464.57

THROUGH 246886.11 83532.32

THROUGH 247307.57 83579.87

THROUGH 247711.06 83566.93

THROUGH 248158.99 83634.51

THROUGH 248606.77 83681.89

THROUGH 248905.97 83811.13

THROUGH 249204.96 83910.07

THROUGH 249538.75 83968.36

THROUGH 249890.17 84036.63

THROUGH 250276.60 84094.56

THROUGH 250934.57 84090.00

THROUGH 251636.34 84075.04

THROUGH 252313.25 84272.42

THROUGH 252936.89 84379.26

THROUGH 253683.35 84485.27

THROUGH 254464.61 84550.64

THROUGH 255158.29 84636.83

THROUGH 255930.50 84661.89

THROUGH 256527.80 84768.97

THROUGH 257100.01 85058.07

THROUGH 257636.92 85317.12

THROUGH 258244.41 85636.31

THROUGH 258841.55 85723.22

THROUGH 259456.50 85850.44

THROUGH 260045.14 85977.84

THROUGH 260695.58 86165.45

THROUGH 261143.78 86283.70

THROUGH 261758.98 86451.36

THROUGH 262312.84 86629.54

THROUGH 262734.31 86687.37

THROUGH 263076.76 86735.63

THROUGH 263313.48 86713.86

THROUGH 263594.99 86833.24

THROUGH 264034.80 87012.20

THROUGH 264447.62 87090.31

THROUGH 264763.68 87128.65

THROUGH 265255.32 87186.05

THROUGH 265712.59 87354.81

THROUGH 266107.99 87453.26

THROUGH 266626.20 87550.92

THROUGH 267179.63 87668.56

THROUGH 267829.73 87815.89

THROUGH 268532.21 87922.49

THROUGH 269120.58 88019.73

THROUGH 269691.59 88147.40

THROUGH 270166.31 88306.00

THROUGH 270736.80 88352.87

THROUGH 271281.56 88490.83

THROUGH 271843.72 88608.49

THROUGH 272300.62 88726.82

THROUGH 272915.73 88894.67

THROUGH 273600.55 88991.37

THROUGH 274162.58 89088.86

THROUGH 274601.79 89187.13

THROUGH 274953.35 89296.05

THROUGH 275348.70 89394.61

THROUGH 275796.68 89492.83

THROUGH 276227.06 89581.07

THROUGH 276657.61 89699.62

THROUGH 277219.49 89776.96

THROUGH 277763.57 89814.00

THROUGH 278326.00 89982.26

THROUGH 278870.45 90079.93

THROUGH 279397.35 90177.72

THROUGH 280073.43 90284.70

THROUGH 280530.15 90382.93

THROUGH 281179.60 90439.59

THROUGH 281697.41 90486.95

THROUGH 282180.19 90544.63

THROUGH 282829.76 90621.52

THROUGH 283435.09 90638.07

THROUGH 284014.48 90715.40

THROUGH 284698.99 90771.91

THROUGH 285269.60 90849.31

THROUGH 285910.08 90875.79

THROUGH 286568.75 91013.31

THROUGH 287138.94 91020.03

THROUGH 287726.72 91036.75

THROUGH 288393.56 91073.23

THROUGH 288937.49 91090.23

THROUGH 289499.19 91147.55

THROUGH 290086.68 91113.81

THROUGH 290674.16 91080.07

THROUGH 291340.88 91096.39

THROUGH 291946.02 91082.78

THROUGH 292454.92 91110.14

THROUGH 293078.13 91187.37

THROUGH 293674.68 91204.14

THROUGH 294332.04 91119.55

THROUGH 294753.40 91177.75

THROUGH 295306.03 91184.70

THROUGH 296007.66 91170.61

THROUGH 296717.82 91116.07

THROUGH 297498.39 91101.56

THROUGH 298419.12 91055.97

THROUGH 299339.74 90990.20

THROUGH 300171.70 90753.20

THROUGH 300916.74 90658.14

THROUGH 301609.33 90593.70

THROUGH 302275.16 90448.59

THROUGH 302836.46 90435.40

THROUGH 303432.29 90321.01

THROUGH 303913.82 90156.74

THROUGH 304570.40 89920.81

THROUGH 305148.05 89685.31

THROUGH 305664.13 89419.86

THROUGH 306268.49 89254.95

THROUGH 306924.94 88988.76

THROUGH 307634.62 88833.42

THROUGH 308274.89 88819.89

THROUGH 308748.98 88898.18

THROUGH 309476.70 88833.70

THROUGH 310161.04 88860.38

THROUGH 310880.04 88806.08

THROUGH 311616.90 88812.31

THROUGH 312309.75 88788.48

THROUGH 312985.68 88885.98

THROUGH 313459.92 88994.64

THROUGH 314171.36 89172.79

THROUGH 314847.17 89250.12

THROUGH 315672.47 89397.41

THROUGH 316234.25 89475.35

THROUGH 316839.88 89553.08

THROUGH 317515.17 89529.44

THROUGH 318086.23 89708.38

TO 318359.83 90040.37

A LINE FROM 309362.32 80499.88

THROUGH 309370.61 80408.91

THROUGH 309540.79 79407.88

THROUGH 309801.70 ...


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