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507 U.S. 7

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OCTOBER TERM, 1992

Supplemental Decree

UNITED STATES v. LOUISIANA ET AL. (ALABAMA AND MISSISSIPPI BOUNDARY CASE)

ON JOINT MOTION FOR ENTRY OF SUPPLEMENTAL DECREE

No.9, Orig. Decided May 31, 1960, February 26, 1985, and March 1, 1988-Final decree entered December 12, 1960-Supplemental decree entered November 5, 1990-Supplemental

decree entered February 22, 1993

Supplemental decree entered.

Opinions reported: 363 U. S. 1,470 U. S. 93, and 485 U. S. 88; final decree reported: 364 U. S. 502; supplemental decree reported: 498 U. S. 9.

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.cralaw


8

Supplemental Decree

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. 498 U. S. 9 (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, westcralaw


9
Full Text of Opinion





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