Maritime partner Charlie Papavizas, based in Winston & Strawn's Washington, D.C. office, was quoted in Lloyd's List on October 22 in the article, "Investors head where wind blows."
As U.S.-based energy watchers turn their attention to offshore wind, the shipping industry is closely intertwined. Shipyards figure prominently in the offshore business because they are ideal fabrication and assembly points for large turbines. However, the maritime aspects in the U.S. are not straightforward in regard to shipping and offshore wind. As Mr. Papavizas points out, "There is some uncertainty as to whether the Jones Act, which requires U.S. construction as well as U.S. manning and ownership, would apply to vessels going back and forth to wind facilities outside U.S. territorial waters. Even for projects within U.S. territorial waters, the Jones Act has been determined not to apply to acts of installing or constructing structures like wind towers."
He continues by explaining that Congress is considering clearing up the uncertainty regarding wind facilities outside U.S. territorial waters. However, even if that occurs, it would appear that foreign vessels could perform certain wind farm installation functions.