United States v. Louisiana
United States v. Louisiana
Opinion of the Court
delivered the opinion of the Court.
This proceeding is a sequel to last Term’s United States v. Louisiana, 389 U. S. 155 (1967), in which we held that the three-league (nine-mile) belt of submerged lands beneath the Gulf of Mexico granted to Texas by the Submerged Lands Act of 1953
The term “coast line” also appears in § 4 of the Submerged Lands Act. Section 4 approves a seaward boundary three miles distant from the “coast line” of each coastal State, except that if a State can show that its boundary as it existed at the time of entry into the Union or as approved by Congress extended into the Gulf of Mexico more than three miles from the coastline, that State is entitled to claim the submerged lands within such boundary, subject however to the express limitation of § 2 (b). See §§ 2 and 4, 67 Stat. 29, 31, 43 U. S. C. §§ 1301, 1312; United States v. Louisiana, 363 U. S. 1 (1960).
The argument of the United States that “coast line” means the modern ambulatory coastline is based on our decision in United States v. California, 381 U. S. 139 (1965). The issue there was whether particular bodies of water on the California coast were “inland waters” within the meaning of § 2 (c) which provides that “[t]he term 'coast line’ means the line . . . marking the seaward limit of inland waters.” We held that the legislative history showed that Congress intended that the courts should define the term “inland waters.” In discharging that assignment we concluded that the Convention on the Territorial Sea and the Contiguous Zone
We said further in California that “[t]his [adoption of the Convention’s definitions] establishes a single coastline for . . . the administration of the Submerged Lands Act . . . .” 381 U. S., at 165. Our conclusion in this case that “coast line” means the modern, ambulatory coastline therefore necessarily follows from our decision in California. See United States v. Louisiana, supra, 389 U. S., at 162, n. 2 (Stewart, J., concurring in result). There is no basis for a finding that “coast line” has a different meaning for the purpose of determining the baseline for measurement of the three-league maximum limitation. Nothing on the face of the Act or in its legislative history supports a different meaning.
Since the parties have agreed that the decree proposed by the United States should be entered if its view on the disputed point is sustained, we direct the entry of the supplemental decree proposed by the United States.
It is so ordered.
67 Stat. 29, 43 U. S. C. §§ 1301-1315. In United States v. Louisiana, 363 U. S. 1, 84 (1960), we held that the Act entitled Texas, as against the United States, to the submerged lands underlying the Gulf of Mexico to a distance of three marine leagues from Texas’ “coast line.” We expressly reserved the question of what is the “coast line” from which to measure this three-league grant. 363 U. S., at 79. See also 389 U. S., at 156-157 and n. 1.
A Stipulation filed with the Court identifies Texas’ 1845/1849 coastline and also its gulfward boundary three leagues distant. An Act of November 24, 1849, Laws, 3d Tex. Leg., c. 2, p. 4, adopted with the consent of Congress, Act of July 5, 1848, 9 Stat. 245, extended Texas’ boundary opposite Sabine Pass. The United States has accepted Texas’ three-league boundary opposite the western half of Sabine Pass, not as a boundary as it existed when the State came into the Union in 1845, but as one approved by Congress before passage of the Submerged Lands Act, and as such equally entitled to recognition under §2(b). The line identified in the Stipulation as the line to be recognized as Texas’ historic offshore boundary includes the 1849 extension, but the United States reserves
Section 2, 43 U. S. C. §1301, so far as relevant here, is as follows:
“(a) The term lands beneath navigable waters’ means—
“(2) all lands permanently or periodically covered by tidal waters up to but not above the line of mean high tide and seaward to a line three geographical miles distant from the coast line of each such State and to the boundary line of each such State where in any case such boundary as it existed at the time such State became a member of the Union, or as heretofore approved by Congress, extends seaward (or into the Gulf of Mexico) beyond three geographical miles,
“(b) The term ‘boundaries’ includes the seaward boundaries of a State or its boundaries in the Gulf of Mexico or any of the Great Lakes as they existed at the time such State became a member of the Union, or as heretofore approved by the Congress, or as extended or confirmed pursuant to section 4 hereof but in no event shall the term ‘boundaries’ or the term lands beneath navigable waters’ be interpreted as extending from the coast line more than three geographical miles into the Atlantic Ocean or the Pacific Ocean, or more than three marine leagues into the Gulf of Mexico;
“(c) The term ‘coast line’ means the line of ordinary low water along that portion of the coast which is in direct contact with the open sea and the line marking the seaward limit of inland waters.”
It was represented on oral argument that between 17,000 and 35,000 acres would be lost to Texas as a result of such erosion.
[1964] 15 U. S. T. (pt. 2) 1607, T. I. A. S. No. 5639.
Our decision in California also forecloses any argument that the term “coast line” means the coastline as it existed at the date of passage of the Submerged Lands Act.
Although the three-mile minimum grant measured from the modern coastline has no present application in the case of Texas, the decree includes provisions to cover the situation which would exist if accretion or artificial construction should at some future time extend the coastline more than six miles beyond the 1845-1849 position.
Dissenting Opinion
dissenting.
I would decide this case in favor of Texas. It is another of a long-continued and apparently never-ending series of lawsuits between the United States and Texas, trying to settle the location of the boundaries of lands submerged under ocean and Gulf waters that Congress, in 1953, validly conveyed to the States in the Submerged Lands Act.
Moreover, I pointed out in my dissent to the Court’s holding on the counter motions in the Louisiana Boundary Case, decided today, reasons why the second California case should not be held to establish a uniform rule for deciding all controversies concerning disputed questions of submerged land boundaries arising out of the Submerged Lands Act. Post, p. 78. This case
The effect of the Court’s holding today is that where the process of accretion is building up new land along the shores, the boundaries Texas may claim are not extended because, as we held last Term, they remain irrevocably fixed by the 1845 line, but as erosion gradually pushes back the present coastline at other points along the shore, the outer limit of the submerged lands owned by Texas is also pushed back toward shore. This argument of the United States, accepted today by the Court, truly deserves the ironic tribute by counsel for Texas in oral argument that it works for the United States precisely as the old game of “heads I win, tails you lose.” Moreover, the Court admits that if the United States wins, the boundary between state and federal lands will be an ambulatory one, with oil leases by the State constantly subject to invalidation as erosion takes its toll on the land along the shore. The Court says that these inequitable results “derive from . . . the scheme Congress fashioned.” Ante, at 6. I think those inequities rather result from the interpretation this Court has given the Act, chiefly by saying that Congress intended to give the
I dissent from the Court’s acceptance of the proposed United States decree and would approve the decree of Texas.
67 Stat. 29, 43 U. S. C. §§ 1301-1315.
The United States describes the way in which the measurements will have to be taken as follows:
“This work is done by photogrammetry — that is, by aerial photographs taken when the sea is exactly at the level of mean low tide. These are then correlated with maps by use of control points, and the water line shown on the photographs is transferred to the maps. There are only limited times when the tide reaches the proper stage while there is suitable daylight for such photography and there is no offshore or onshore wind to dislocate the water line. When the necessary conditions do concur, the tide stage lasts only a few minutes. Thus, photography of an extensive coast such as that of Texas may be a protracted operation. Subsequent cartography requires skilled and painstaking work that cannot be done hurriedly or by mass production methods.” Memorandum in Support of Proposed Decree, July 15, 1968, p. 28, n. 13.
28 Stat. 672, 33 U. S. C. § 151. Congress first entrusted this duty to the Treasury Department, later to the Commerce Department, and later to the Commandant of the Coast Guard.
Reference
- Full Case Name
- UNITED STATES v. LOUISIANA Et Al. (TEXAS BOUNDARY CASE)
- Cited By
- 16 cases
- Status
- Published