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New Legislation to Apply the Jones Act to Offshore Renewables

Pratt's Energy Law Report

The Expanding Access to Sustainable Energy Act of 2019, which included a provision to amend the Outer Continental Shelf Lands Act that would confirm the Jones Act applies to all offshore energy development on the Outer Continental Shelf, including wind energy, was passed by the U.S. House of Representatives, and may become law. The authors of this article discuss the Act and the implications for offshore renewable energy.

The U.S. House of Representatives passed legislation, H.R. 4447, the Expanding Access to Sustainable Energy Act of 2019, which included a provision from Representatives Garamendi and Lowenthal (“Amendment 33”) to amend the Outer Continental Shelf Lands Act (“OCSLA”) that would confirm the Jones Act applies to all offshore energy development on the Outer Continental Shelf (“OCS”), including wind energy. This provision was included in the National Defense Authorization Act (“NDAA”).

From an operational standpoint, while most offshore projects are planned with Jones Act compliance in mind, this provision is a welcome development for stakeholders and brings needed clarity to renewable energy development offshore.

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“New Legislation to Apply the Jones Act to Offshore Renewables,” by Jonathan K. Waldron and Stefanos N. Roulakis was published in the February 2021 edition of Pratt's Energy Law Report (Vol. 21, No. 2), an A.S. Pratt Publication, LexisNexis. Reprinted with permission.

This article was first published as a Blank Rome Maritime client advisory on October 19, 2020.