Working with the Jones Act in the Offshore Wind Industry

Any opinions in this article are not those of Winston & Strawn or its clients. The opinions in this article are the authors’ opinions only.

When developers talk about offshore wind in the U.S., the subject of the Jones Act inevitably comes up. That is because the Jones Act restricts certain activities in U.S. waters to qualified, U.S.-built, U.S.-flagged vessels. The only problem is that, for the time being, there are very few U.S.-flagged vessels of the type that will be required. This often leads to a discussion of workaround approaches—of which there are several—but even these may be made more difficult with recently announced Jones Act enforcement efforts.

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