Attorney Article

International Law Office Publishes Harowski on Jones Act and Offshore Wind Farms

International Law Office

January 20, 2021

Author: Michael Harowski

Michael Harowski (Partner-New Orleans, LA) published “Congress Confirms that Jones Act Applies to Offshore Wind Farm Activities” in the January 20, 2021, edition of International Law Office. Congress recently passed the National Defense Authorization Act, which is a broad bill passed annually to address defense spending and related areas, including the maritime sector. Michael reports that Congress included a provision specifying that the Outer Continental Shelf Lands Act (OCSLA) applies to offshore wind farms, confirming that offshore wind farms count as U.S. coastwise points, just like offshore oil or gas facilities. Consequently, the Jones Act coastwise trade laws apply to wind farms, restricting the transport of materials to, from and between wind farms on the OCS to properly qualified U.S.-flagged vessels. Foreign-flagged vessels may still install and repair offshore wind farm facilities so long as they do not transport any merchandise between U.S. points.

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