PROBLEM ON THE UNITED-STATES CONTINENTAL-SHELF - MEASURING THE ENVIRONMENTAL EFFECTIVENESS OF THE OUTER CONTINENTAL-SHELF ACT (OCSA)

This article reviews the interplay of environmental standards with oil and gas leasing on the Outer Continental Shelf (OSC) in order to determine if the marine environment is really protected by the interplay of domestic legislation. The 1982 LOS treaty leaves environmental protection to State (domestic) regulation.1 There is no customary law regarding this type of domestic shelf regulation. The main problem is measuring the ''effectiveness'' of our domestic shelf legislation. For example, do we simply review effectiveness in terms of controlling operational damage or in terms of environmental injury caused by catastrophic accidents?