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89 results

December 19, 2024

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4 min read

SHIPS for America Act – A Retrospective

On December 19, 2024, the “Shipbuilding and Harbor Infrastructure for Prosperity and Security for America Act of 2024,” to be known as the “SHIPS for
America Act of 2024,” was introduced in the U.S. Congress.  The legislation is an ambitious effort to increase substantially the U.S. merchant marine in the
international trade and the U.S. shipyard industrial base after a long period of U.S. government neglect. 
...Read more

October 10, 2024

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4 min read

Jones Act Waivers and Hurricanes

In the aftermath of the tragic destruction and disruptions of hurricanes there are usually some calls to “waive the Jones Act.”  Putting aside whether such a
waiver can ever be efficacious, it might be useful to review how very narrow the circumstances must be to justify such a waiver under the law as it has been
amended.
...Read more

October 1, 2024

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2 min read

New Information Made Available on Settlement of Frozen Fish Jones Act Case

The U.S. Department of Justice recently made available the Settlement Agreement in the case involving the transportation of frozen fish from Alaska to New
England via Canada allegedly in violation of the Jones Act. The Settlement Agreement was provided in response to a Freedom of Information Act request. It
was not included in the case docket when the Stipulation for Dismissal was submitted to the U.S. District Court for the District of Alaska in February 2024.
...Read more

August 27, 2024

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2 min read

Customs Confirms Offshore Wind Foundation Installation Rulings

U.S. Customs and Border Protection confirmed on August 21, 2024 its Jones Act interpretations relating to the installation of foundations for an offshore wind
project which it issued last year. 
...Read more

May 7, 2024

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2 min read

When is a Vessel Built in America “U.S. Built”

The United States reserves its domestic maritime trade to vessels “built in the United States” under a set of laws popularly referred to as the “Jones Act.”
What qualifies as “U.S. built” under the law and U.S. Coast Guard interpretations was recently tested in the U.S. Court of Appeals for the Fifth Circuit case of
Diamond Services Corp. v. Curtin Maritime Corp.
...Read more

January 30, 2024

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3 min read

Customs Issues New Guidance on a Range of LNG Transportation Issues

U.S. Customs and Border Protection recently issued three rulings on multiple facets of the transportation by water of liquified natural gas. All three rulings
addressed how the U.S. Jones Act, which is a set of U.S. laws restricting U.S. domestic maritime commerce to qualified U.S.-flag vessels, applies to LNG
transportation.
...Read more

October 18, 2023

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2 min read

Offshore Jurisdiction “Pristine Seabed” Case Dismissed

On October 16, 2023, Judge Kenneth M. Hoyt of the U.S. District Court for the Southern District of Texas (Houston Division) granted the intervenor-defendant
American Petroleum Institute’s (API) motion for summary judgment in the case of Great Lakes Dredge & Dock Company, LLC v. Chris Magnus (Civil Action No.
4:22-CV-02481).
...Read more

October 10, 2023

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3 min read

U.S. Legislation Introduced Restricting Use of Foreign Vessels in U.S. Offshore Projects

The U.S. Congress has been actively considering legislation since 2022 that would restrict the use of foreign vessels in U.S. offshore projects. Both oil and gas
and renewable energy projects would be affected. The latest version of that legislation was introduced on October 5, 2023, by Senator Bill Cassidy (R-LA)
entitled the “American Worker Fairness Act.”
...Read more

September 18, 2023

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2 min read

U.S. Customs Revises Jones Act Guidance for Offshore Wind Turbine Foundation Installation

U.S. Customs and Border Protection modified earlier Jones Act guidance on the installation of foundations for offshore wind turbines on September 14. The
“Jones Act” is a popular term for several laws which reserve U.S. domestic maritime trade to U.S.-flag vessels which must be built in the United States and be
owned and operated by qualified U.S. citizens.
...Read more

October 7, 2022

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3 min read

Congress Considers Substantial Changes to Jones Act Ruling Process

An amendment was recently offered by Sen. Bill Cassidy (R-LA) to the pending National Defense Authorization Act legislation which would substantially change
the way the U.S. Government provides Jones Act compliance guidance.
...Read more

June 13, 2022

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2 min read

U.S. Customs Issues Further Turbine and Scour Protection Guidance for Offshore Wind

U.S. Customs and Border Protection just made public two rulings dated May 11 and June 6 which further fill in the picture of what foreign vessels can lawfully
do in the U.S. offshore wind industry.
...Read more

April 21, 2022

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2 min read

Customs Issues Comprehensive Offshore Wind Jones Act Ruling

On April 21, 2022, U.S. Customs and Border Protection posted on its public website a ruling dated April 14 which addresses in one ruling many of the Jones
Act issues which arise from the installation of offshore wind turbines off the coasts of the United States.
...Read more

March 31, 2022

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2 min read

Strategic Petroleum Reserve Jones Act Waivers

The Biden Administration announced on March 31, 2022 that it would put on average of one million barrels of crude oil per day from the Strategic Petroleum
Reserve on the market starting in May and continuing for six months.
...Read more

March 4, 2022

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2 min read

Waiving the Jones Act for Hawaii Crude Oil Imports

On March 3, 2022, the Grassroot Institute of Hawaii sent an open letter to President Biden purporting to request a one-year waiver of the Jones Act to permit
the use of foreign-flag vessels to transport crude oil from Alaska or the lower 48 states to Hawaii.
...Read more

March 2, 2022

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2 min read

Legislation Advances to Restrict Offshore Manning and Enforce Jones Act Requirements

On March 2, 2022, the U.S. House Transportation and Infrastructure Committee reported favorably H.R. 6865, the Coast Guard Authorization Act of 2022,
including the Graves/Garamendi offshore manning legislation, a required Coast Guard report on Jones Act enforcement, and a required report on the foreign
oceanographic research vessels in U.S. waters.
...Read more

February 10, 2022

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2 min read

Customs Rejects Challenges to Offshore Wind Scour Protection Jones Act Ruling

On January 7, 2022, Customs and Border Protection sent letters to three trade associations declining to revisit its March 25, 2021, Jones Act ruling on the
definition of a “point in the United States” for purposes of installing scour protection or foundations for an offshore wind farm.  The letters were made
available on February 9, 2022, in response to a Freedom of Information Act request.  As a result, CBP’s March 25, 2021 ruling remains the best a...Read more
...Read more

January 13, 2022

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2 min read

U.S. Government Incentivizes U.S. Vessel Construction for Offshore Wind Farms

On January 12, 2022, the U.S. Bureau of Ocean Energy Management announced plans to auction on February 23 almost 500,000 acres off the coast of New
York and New Jersey (known as the New York Bight) for offshore renewable energy development. 
...Read more

November 15, 2021

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2 min read

Jones Act Organization Alleges Offshore Wind Survey Violations

On November 15, 2021, the Offshore Marine Service Association (OMSA) made public allegations that a foreign vessel had violated U.S. coastwise law
(popularly referred to as the “Jones Act”) and offshore manning laws (and also safety and pollution laws) in the conduct of offshore wind-related survey work.
...Read more

November 9, 2021

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2 min read

U.S. Customs Issues Cable Operation Ruling Helpful to Offshore Wind

On November 9, 2021, U.S. Customs and Border Protection made public a ruling dated November 2 regarding the laying and burial by a foreign vessel of
fiber optic cable in U.S. waters and the transportation of technicians by that vessel.
...Read more

October 25, 2021

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2 min read

Coast Guard Issues First U.S. Build Ruling for Offshore Wind Support Vessels

On October 22 the U.S. Coast Guard National Vessel Documentation Center posted on its website an October 20, 2021 ruling regarding the U.S. construction
of crew transfer vessels or CTVs.
...Read more
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About This Blog

MaritimeFedWatch features updates and discussions on current maritime legal issues and developments. The blog covers environmental regulation and crimes, piracy, the Jones Act, U.S. Coast Guard initiatives, U.S. Congressional enactments, and many other topics of interest to the U.S.-flag industry and the world wide maritime industry’s interaction with the United States.

Contributors

Bryant Gardner

Partner

Charlie Papavizas

Partner

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