Supreme Court Rules State Law Does Not Apply to Outer Continental Shelf

[Elderberry]

Epoch Times by Matthew Vadum 6/10/2019

The Supreme Court unanimously rejected a California-based offshore oil rig worker’s claim that he should be paid for off-the-clock time on the oil platforms, as California law requires, because federal law alone governs the facilities that are based on the Outer Continental Shelf.

After Texas and North Dakota, California is the third-largest oil-producing state. Oil is reportedly produced on 32 offshore platforms and artificial islands in Southern California alone.

The ruling, which overturns a decision by the oft-reversed 9th Circuit Court of Appeals, is a victory for the Trump administration, which sided with the employer in the case, Houston, Texas-based company Parker Drilling Management Services Ltd.

The financial claim was brought by Brian Newton, who worked on the company’s drilling platforms in the Santa Barbara Channel from 2013 to 2015. Newton worked 14-day segments, with 12 hours on duty and 12 hours off on what his attorneys call “controlled standby.” A number of employees shared his schedule, but others worked the other 12-hour shifts, which let the platforms function 24 hours a day.

More: https://www.theepochtimes.com/supreme-court-rules-state-law-does-not-apply-to-outer-continental-shelf_2957959.html

[jmyrlefuller]

This has some interesting implications if offshore platforms are habitable, but outside the jurisdiction of the states... something that legislative action may need to address.

[thackney]

This has some interesting implications if offshore platforms are habitable, but outside the jurisdiction of the states... something that legislative action may need to address.

Most of the platforms outside a state's 3~6 mile boundary are inhabitable and manned 24/7.  They are not part of the state.


Federal Offshore Lands
https://www.boem.gov/Federal-Offshore-Lands/

The Submerged Lands Act (SLA) of 1953 grants individual States rights to the natural resources of submerged lands from the coastline to no more than 3 nautical miles (5.6 km) into the Atlantic, Pacific, the Arctic Oceans, and the Gulf of Mexico. The only exceptions are Texas and the west coast of Florida, where State jurisdiction extends from the coastline to no more than 3 marine leagues (16.2 km) into the Gulf of Mexico.

The SLA also reaffirmed the Federal claim to the lands of the Outer Continental Shelf (OCS), which consists of those submerged lands seaward of State jurisdiction. The SLA led to the passage of the Outer Continental Shelf Lands Act later in 1953 (OCSLA). The OCSLA and subsequent amendments, in later years, outlines the Federal responsibility over the submerged lands of the OCS. Additionally, it authorizes the Secretary of the Interior to lease those lands for mineral development....