Application of the Jones Act to Floating Offshore Wind

This article originally appeared in the First Quarter 2024 Benedict’s Maritime Bulletin. Reprinted with permission. Any opinions in this article are not those of Winston & Strawn or its clients. The opinions in this article are the author’s opinions only.

With 80 percent of the world’s wind resources in deep water, the future of offshore wind power generation is in floating offshore wind turbines (often abbreviated FOWT). Because this is a relatively new technology, U.S. Customs and Border Protection (CBP) has not yet had the occasion to issue any rulings regarding floating offshore wind turbines in federal waters (generally, beyond three nautical miles from the U.S. coast). Here, we examine CBP’s existing rulings and guidance to determine how the Jones Act may apply to floating offshore wind turbines.