When Does Maritime Law Apply?

As exploration for energy moved offshore, the United States exercised sovereign authority establishing the applicable laws and regulations over these unique and complexed operations where situs and status are often determinative of rights and remedies.

Jurisdiction matters. It can affect whether state, federal, or maritime law applies and the forum where litigation can proceed. In the offshore context, the jurisdictional factual questions include determining situs and nexus. Where did the dispute arise and on what type of facility?

Situs: The United States claims sovereignty over an "Exclusive Economic Zone" (EEZ) that extends between 200 nautical miles. "Territorial waters" is the term used to describe the jurisdictional authority over state waters, the continental shelf, and economic zones. In 1953, the Submerged Lands Act extended state jurisdiction over submerged lands extending up to 3 nautical miles of the adjacent state's shoreline. At the same time,