Jones Act Uncertainties Persist in US Offshore Wind
The Jones Act is a single sentence long, and yet somehow that reservation of U.S. domestic maritime commerce to qualified U.S.-flag vessels has spawned numerous complications with respect to offshore wind energy projects. Although not supported by prior experience, maybe 2023 will bring some clarity.U.S. Customs and Border Protection (CBP) is the primary source of guidance for how the Jones Act applies. CBP issued its first two offshore wind rulings in May 2010 and February 2011 in the heady early days of U.S. offshore wind.
Summary Judgment Sought Against Mass. 2009 Oil Spill Law
The American Waterways Operators (AWO), the International Association of Independent Tanker Owners (INTERTANKO), the Chamber of Shipping of America, the International Chamber of Shipping, and the International Group of Protection & Indemnity Clubs filed a Motion for Summary Judgment on Friday, January 28 in U.S. District Court for the District of Massachusetts against a 2009 Massachusetts oil spill law. The plaintiffs also requested that the judge issue a Permanent Injunction to enjoin its enforcement. The Motion charges that the spill law is unconstitutional and undermines marine safety and environmental protection. The state law being challenged compels vessel operators to comply with state – not Federal – requirements for transit through Buzzards Bay.
When is a victory, not a victory?
As recent events have shown, no single judicial action is likely to have as much impact on the maritime community in the next decade as the Supreme Court?s U.S. v. Locke (Intertanko) decision. Last year, the Supreme Court ruled unanimously that a state could not impose tanker safety standards that exceeded the federal standards set by the Oil Pollution Act of 1990 (OPA 90). At the time, it was widely hailed as a major victory for tanker owners. The decision appeared to limit states? ability to regulate shipping; but on second glance, something far more dangerous to the maritime community was contained within. The Supreme Court outlined a road map for how any state could pass legislation and implement regulations with far reaching implications. The gist of the legal loophole is this. U.S.
