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Why Texas gets 9 miles of off-shore territory but Louisiana gets 3 — and how it could change

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Why Texas gets 9 miles of off-shore territory but Louisiana gets 3 — and how it could change


WASHINGTON — U.S. Rep. Garret Graves intends to sprint toward the finish line for the 118th Congress, which convenes Monday and disbands in a month, by pushing an issue he has been working since he was a Capitol Hill staffer 20 years ago.

“This has been an ongoing effort for me, for many years, to give Louisiana parity,” Graves said.

Graves, a Baton Rouge Republican who steps down when the 119th Congress assumes office on Jan. 3, teamed with Rep. Troy Carter, D-New Orleans, on a bill that would give Louisiana, Mississippi, and Alabama the same offshore sovereignty as Texas and Florida — moving the boundary line from three nautical miles to nine — thereby allowing Louisiana control of more energy exploration and fishing rights.

Graves said last week in announcing the Offshore Parity Act of 2024, “I’m not sure who was negotiating for us generations ago, but that is just ridiculous.”

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History, rather than bonehead negotiators, played a greater role in setting state sovereignty over offshore waters.

Back in the 1600s, control of territorial waters off the coast was legally determined by how far a cannon could fire over the sea. The “cannon shot” rule gave nations control of their coastal waters for three nautical miles — roughly three and half miles on land.

As secretary of state in 1793, Thomas Jefferson claimed the United States boundaries extended three nautical miles into the territorial sea.

The independent Republic of Texas joined the United States in 1845 after breaking away in 1836 from Mexico, which itself had declared independence from Spain 15 years earlier. Florida also joined the union in 1845 after Spain relinquished rights to both territories.

Offshore sovereignty under Spain extended three leagues — roughly nine nautical miles off the coast. Those boundaries were set for Texas and Florida in the Treaty of Guadalupe-Hidalgo of 1848.

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When both states rejoined the union after the Civil War, the same boundaries were kept. Everywhere else stayed at three nautical miles.

Generally, a state has sovereignty over the sea, the air above, and the bed below the sea within those limits.

The sea is vast and nobody really cared for generations, except for occasional squabbles over fishing rights.

That is until the 1940s when technology had progressed to exploit the oil and natural gas discovered in pockets underneath the Gulf of Mexico and off the California coast. With big money involved, territorial waters became a states versus federal rights debate.

Several states claimed jurisdiction over mineral and other resources off their coasts. Multiple U.S. Supreme Court decisions honored the nine-mile jurisdiction for Texas and Florida, three miles for everyone else, based on historical treaties. In 1947, the high court found that states had no title to resources beyond those limits.

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Congress enacted the Submerged Lands Act of 1953 that limited states — except Texas and Florida — to three nautical miles off their coasts.

In 1969, the Supreme Court found that Louisiana could not prove its jurisdiction extended three leagues into the Gulf when the state joined the union in 1812.

The Graves-Carter bill addresses the legal imbalance.

“Our bill fixes this disparity by giving all Gulf states the same nine miles of energy, fisheries and other resources to manage,” Graves said. “Energy production in Louisiana waters will result in new revenue to rebuild our coast and protect our people and energy infrastructure. And Louisiana fisheries management will remain the best in the country.”

Carter likened the bipartisan bill to a tool in the debate.

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“This is a critical step toward equality, ensuring Louisiana, Mississippi, and Alabama have the same authority over their waters as Texas and Florida,” he said.

The lame-duck 118th Congress has scheduled 12 days of work on Capitol Hill in December. During that time, Congress must pass legislation addressing this fiscal year’s appropriations or the federal government will shut down.

Congress also must approve defense spending, consider a $98 billion addition to the disaster recovery fund, plus extend the life of flood insurance and the Farm Bill.

Getting the Graves-Carter bill to the president’s desk will be a tall order, particularly given 400 years of history and U.S. dependence on oil and natural gas revenues to the national treasury.

On the other hand, the incoming Trump administration promised unfettered exploitation of offshore energy production. Giving states the ability to lease more sea bottoms will circumvent many federal restrictions to achieve that goal.

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Port of South Louisiana welcomes new leadership

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Port of South Louisiana welcomes new leadership


Julia Fisher-Cormier. (Courtesy)



The Port of South Louisiana on Thursday announced that Julia Fisher-Cormier has been selected as its new executive director.

The announcement follows a national search and a unanimous vote of a…


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AG Liz Murrill’s office can hire husband’s law firm to defend death sentences, court rules

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AG Liz Murrill’s office can hire husband’s law firm to defend death sentences, court rules


Attorney General Liz Murrill’s office can employ the Baton Rouge law firm where her husband is a partner to help the agency defend death sentences, the Louisiana Supreme Court ruled Tuesday.

The decision in the case of condemned inmate Darrell Draughn of Caddo Parish clears the way for Murrill’s office to employ the Taylor Porter firm in other capital post-conviction cases as well.

Murrill has stepped into a host of post-conviction cases involving death row prisoners since Louisiana resumed executions in the spring after a 15-year hiatus. The Republican attorney general has said she’s intent on speeding up their path to the execution chamber, and a recent state law that Murrill supported forces many long-dormant challenges forward.

With the ruling, Taylor Porter attorneys are expected to enroll in more capital post-conviction cases for the attorney general. The firm currently represents the state in four such cases, according to Murrill’s office, under a contract that allows it to charge up to $350 hourly.

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Among them is the case of former New Orleans Police Department officer Antoinette Frank, the only condemned woman in Louisiana.

Murrill’s husband, John Murrill, is one of about three dozen partners in the Taylor Porter firm. Capital defense advocates argued that the arrangement amounts to a conflict of interest.

Ethics experts say state law requires a higher stake than John Murrill’s 2.7% share of Taylor Porter to amount to a conflict. The state Ethics Board agreed in an advisory opinion in June, which the high court cited in its opinion.

The Louisiana Supreme Court earlier this year cleared Murrill’s office to represent the state in capital post-conviction cases when a district attorney requests it. Its ruling on Tuesday makes clear that the attorney general can outsource the work.

“Taylor Porter has been selected by the Attorney General pursuant to her clear statutory authority to hire private counsel to defend the warden and state. There is little as fundamental to a litigant as one’s ability to select the counsel of your choice,” the court stated.

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Murrill says the government work done by Taylor Porter has been carved out from their income since she took office early last year.

“Neither my husband nor I profit off of this work. We won’t be deterred from our mission to see that justice is served, despite frivolous bad faith attacks from anti-death penalty lawyers,” Murrill said Tuesday in a statement.

Defense advocates, however, point to reduced funding for capital defense and a higher workload under the deadlines of the new state law. They say the state is paying outside lawyers at three times the rate of capital appeals attorneys.

“It’s just outrageous,” said James Boren, immediate past president of the Louisiana Association of Criminal Defense Lawyers.

“What is absurd is after the attorney general and governor and legislature decrease funding for capital defense, increase the workload, decrease the amount of time to do it, the attorney general’s husband’s law firm is awarded a contract for hundreds of thousands of dollars for less work.” 

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Prosecutors and capital defense attorneys both say it’s unusual to see a private law firm step into a post-conviction proceeding for the state. Taylor Porter is one of three contractors doing post-conviction work for Murrill’s office, according to state records show.

While the court freed the firm, one of its lawyers remains barred from representing Murrill’s office on those cases. The ethics board found that Grant Willis, who previously led appeals for the attorney general, must sit out for two years. The blackout period for Willis ends next month.



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Goon Squad victim arrested by Louisiana Police, held without bond on multiple charges

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Goon Squad victim arrested by Louisiana Police, held without bond on multiple charges


TALLULAH, La. (WLBT) – One of the two Goon Squad victims who later won a civil suit against Rankin County and the Rankin County Sheriff’s Department was arrested by the Louisiana State Police Wednesday night.

According to officials, Eddie Terrell Parker is currently being held in the Madison Parish Jail without bond on at least two pages of charges.

These charges include multiple narcotics violations, possession with intent to distribute, felon in possession of a firearm, and carrying a concealed weapon.

No other information has been released at this time.

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This is a developing story. More updates will come as further information is released.

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