As excerpted from the Jones Act, Maritime, Seaman & Simar case (a Louisiana case), the Outer Continental Shelf Lands Act (OCSLA), the law of an adjacent state may apply in the a case before a court. To determine when “adjacent state” law applies, the Court utilizes the test employed in Union Texas Petroleum Corp. v. PLT Engineering, Inc., 895 F.2d 1043, 1047 (5th Cir.1990) (“PLT test”).
Under the PLT test three requirements must be met for state law to apply as surrogate federal law under the OCSLA:
(1) the controversy must arise on a situs covered by OCSLA (i.e., the subsoil, seabed, or artificial structures permanently or temporarily attached thereto);
(2) federal maritime law must not apply of its own force; and
(3) the state law must not be inconsistent with federal law.
– Excerpted from the Jones Act, Maritime, Seaman & Simar case
Outer Continental Shelf Lands Act(OCSLA), 43 U.S.C. § 1331 et seq.
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