News & Analysis as of

Outer Continental Shelf Jones Act

Blank Rome LLP

Evolution of Offshore Wind and the Coastwise Laws

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Over the past year, a number of new interpretations related to the application of the coastwise laws to the developing offshore wind industry in the United States have clarified how construction and operation of offshore wind...more

Holland & Knight LLP

Fifth Circuit's Seaman Status Realignment Brings New Considerations for Offshore Oil & Gas and Wind Industry Operators

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Since the enactment of the Jones Act, courts have wrestled to define "seaman" and who is entitled to remedies under the Jones Act. The Jones Act grants a "seaman" a negligence cause of action against his employer and only a...more

Blank Rome LLP

Considerations on the Use of Offshore Wind Vessels for U.S. Operations

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As the offshore wind industry is growing in the United States, there is an influx of vessels that are considering operating on the U.S. outer continental shelf (“OCS”), both foreign- and U.S.-flag Jones Act-qualified vessels....more

Holland & Knight LLP

CBP's Most Recent Offshore Wind Jones Act Ruling Signals a Trend

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U.S. Customs and Border Protection (CBP) earlier this year for the first time expressly found that the Jones Act applies to transportation of merchandise from a U.S. port to a location on the U.S. outer continental shelf...more

Cozen O'Connor

Developments in Offshore Wind: Part Two

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The Biden administration’s approach to policy setting in the offshore wind context can already be seen in recent legislation and executive orders related to tax law, maritime law, and environmental law. We address the...more

Cozen O'Connor

Jones Act Extended to the Pristine Seabed of the Outer Continental Shelf

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In its first offshore wind ruling following amendments to the Outer Continental Shelf Lands Act (OCSLA) under the National Defense Authorization for Fiscal Year 2021 (NDAA), which amended OCSLA to clarify its application to...more

Holland & Knight LLP

CBP Expressly Applies Jones Act to Offshore Wind Projects on Outer Continental Shelf

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In a ruling dated Jan. 27, 2021, U.S. Customs and Border Protection (CBP) for the first time expressly found that the Jones Act applies to transportation of merchandise from a U.S. port to a location on the outer continental...more

Blank Rome LLP

New Legislation to Apply the Jones Act to Offshore Renewables (Updated)

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The House of Representatives passed legislation, H.R. 4447, the Expanding Access to Sustainable Energy Act of 2019, on September 24, 2020, that included a provision from Representatives Garamendi and Lowenthal (“Amendment...more

Cozen O'Connor

Legislative Update – Congress Acts to Clarify the Application of the Jones Act to Offshore Wind

Cozen O'Connor on

Late last week, House Armed Services Committee Chairman Adam Smith, D-Wash., and Ranking Member Mac Thornberry, R-Texas, issued a joint statement announcing that both chambers of Congress have reached agreement on the...more

Blank Rome LLP

Customs and Border Protection Revokes New Ruling Regarding Offshore Wind

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Stakeholders in offshore wind, particularly vessel operators and project managers, should ignore a recent U.S. Customs and Border Protection (“CBP”) ruling on offshore wind. While there had been buzz about this ruling, CBP...more

Blank Rome LLP

Potential Impacts of Offshore Legislation on Industry

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The U.S. House of Representatives has introduced legislation that could potentially greatly alter the landscape for oil, gas, and wind installation and decommissioning activities on the U.S. Outer Continental Shelf (“OCS”)....more

Blank Rome LLP

Mainbrace: March 2018 (No. 1)

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Ballast Water Management: The Conundrum Continues - It has been about 15 months since the U.S. Coast Guard (“USCG”) type-approved the first three ballast water management systems (“BWMSs”) in December 2016; three more...more

Baker Donelson

OSHA on the OCS? Fifth Circuit Affirms Preemption of OSHA Regulations on OCS MODU

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The 5th Circuit, in Thomas v. Hercules Offshore Services, L.L.C., concluded per curiam that the Occupational Safety and Health Administration (“OSHA”) safe workplace regulations had been preempted by the United States Coast...more

Baker Donelson

Cabotage Or Sabotage? Controversial Proposal By CBP To Reverse Course On Decades-Old Policy Regarding Foreign Flag Vessels In Gulf...

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In a sweeping move that has been widely and vociferously praised by supporters and passionately decried by opponents, the Customs and Border Patrol Agency (CBP) on the second-to-last day of the Obama administration’s tenure,...more

BakerHostetler

CBP Increases Jones Act Enforcement

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Last month, United States Customs and Border Protection (CBP) announced the creation of the National Jones Act Division of Enforcement (JADE). JADE will work with CBP and industry partners on coastwise trade, with an end goal...more

K&L Gates LLP

The New JADE: Energizing Jones Act Enforcement

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The U.S. Customs and Border Protection (CBP) recently announced the creation of a new enforcement division in the New Orleans Field Office focused solely on the Jones Act: The National Jones Act Division of Enforcement...more

Blank Rome LLP

CBP Announces the “JADE”—A New Enforcement Division for the Jones Act

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Action Item: The creation of the National Jones Act Division of Enforcement (“JADE”) signals that U.S. Customs and Border Protection has made Jones Act outreach and enforcement a national priority. U.S. and foreign...more

Baker Donelson

Hercules and the Lernaean Hydra: The Hercules Removal Jurisprudence Sprouts Yet Another Head

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In yet another twist in the tortured labors of the Hercules jurisprudence regarding removal of general maritime law claims under 28 U.S.C. §1441(a), the Eastern District of Louisiana has generated a new, divergent “head” on...more

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