Papavizas Discusses Impact of the Jones Act on U.S. Offshore Wind Efforts

Charlie Papavizas, a partner in Winston & Strawn's Washington, D.C. office, was quoted in the article titled "Jones Act may complicate U.S. offshore wind efforts," featured in Recharge. U.S. offshore wind energy may be impacted by the Merchant Marine Act of 1920, known as the Jones Act, which regulates coastal shipping and imposes requirements on vessels transporting merchandise in U.S. waters.

Many agree that moving components from land to near-shore wind projects will require Jones Act-compliant vessels. However, as reported in the article, offshore developers consider that they can use stationary foreign-flag vessels to install meteorological towers and wind tower components on existing foundations.

"Federal regulators have ruled the act of installing a wind tower does not involve water transportation of components," Papavizas stated.

The U.S. lacks large purpose-built vessels used in Europe to assemble and maintain wind turbines offshore. Papavizas argues that a foreign-flagged vessel pile-driving a turbine foundation into the seabed does not constitute a Jones Act activity. In his view, it is unclear whether the Jones Act applies at all to offshore wind outside territorial waters extending to the 200-nautical-mile limit of the Outer Continental Shelf.

He notes that several lawmakers in Congress are again trying to amend the Jones Act to specifically include renewables projects.

Mr. Papavizas concentrates his practice in administrative, legislative, and corporate matters, primarily in the maritime industry.

For more information pertaining to the Jones Act, visit Winston & Strawn's MartitimeFedWatch blog.