Log in or register
Share on LinkedInShare on LinkedIn

ARTICLE · 30 MARCH 2021

U.S. Customs Reverses Course On Important Offshore Wind Ruling

Winston Taylor
Explore more from Winston Taylor

U.S. Customs and Border Protection (CBP) issues rulings on, among other things, the application of U.S. coastwise laws (popularly referred to as the "Jones Act") to vessel movements and activities in U.S. waters.

United StatesEnergy and Natural Resources
Charlie Papavizas
Charlie Papavizas

U.S. Customs and Border Protection (CBP) issues rulings on, among other things, the application of U.S. coastwise laws (popularly referred to as the "Jones Act") to vessel movements and activities in U.S. waters.  Those rulings have important implications for the installation and maintenance of offshore renewable energy projects in addition to being significant for offshore oil and gas projects.

On January 27, 2021, CBP issued a surprising ruling which for the first time asserted that the entire pristine seabed on the U.S. outer continental shelf was a "point in the United States" for purposes of U.S. coastwise laws.  The ruling, although focused on the application of scour protection (the application of rocks to prevent and reduce erosion) would also have affected other operations, such as the installation of certain types of foundations.   On March 29, 2021, CBP posted a partial revocation and modification of that ruling (dated March 25).

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

View source

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

Texas Gov. Abbott Directs Data Center Audit; ERCOT Pauses Interconnection Process In Response

Texas Governor Greg Abbott has directed state regulators to conduct a comprehensive audit of data center projects seeking grid access, while ERCOT has paused its Batch Zero interconnection process. This regulatory shift introduces immediate uncertainty for developers regarding timelines, financing, and project approvals, signaling that political engagement has become as critical as securing land and power in the Texas data center market.
United StatesEnergy and Natural Resources
Holland & Knight
Holland & Knight
Article

President Trump Signs Legislation Enacting Phased Elimination Of Federal Tax Credits For New Clean Energy Projects; Directs Treasury To "Strictly Enforce" Credit Termination For Solar And Wind Facilities

The Act restores the ITC eligibility of qualified fuel cell property that begins construction after 2025. Under the IRA, qualified fuel cell property was required to have begun construction prior to 2025 in order to be eligible for the ITC.
United StatesEnergy and Natural Resources
Simpson Thacher & Bartlett LLP
Simpson Thacher & Bartlett LLP
Article

DOE Seeks Public Comment On Bulk-Power System Executive Order

The U.S. Department of Energy is seeking public input on implementing Executive Order 14421, which grants sweeping authority to restrict foreign-produced electric equipment in the nation's bulk-power system. With broad implications for utilities, manufacturers, and energy infrastructure projects, stakeholders have until October 9, 2026, to shape regulations that could fundamentally alter supply chains and equipment procurement across the electric grid.
United StatesEnergy and Natural Resources
Holland & Knight
Holland & Knight
Article

California Enacts Seven Data Center Bills, Effective January 1, 2027: New Tariff, Entitlement, And Disclosure Rules For Hyperscalers, Developers, And Power Producers

California Governor Newsom signed seven data center bills into law on September 21, 2026, establishing a comprehensive regulatory framework that takes effect January 1, 2027. These bills create new tariff regimes administered by the California Public Utilities Commission, impose extensive reporting requirements on data center operators, and establish water disclosure mandates and CEQA treatment protocols.
United StatesEnergy and Natural Resources
Foley & Lardner LLP
Foley & Lardner LLP
Article

Massachusetts Issues Guidance On Data Center Development Under Executive Order 658

Massachusetts Governor Maura Healey has issued Executive Order 658, establishing comprehensive permitting and regulatory standards for data centers exceeding 25 MW of peak electricity demand. The Order mandates community benefits agreements, clean energy procurement protocols, and coordination across multiple state agencies to ensure responsible development that protects ratepayers, communities, and the environment. This action positions Massachusetts alongside other states implementing stricter oversight o
United StatesEnergy and Natural Resources
Sheppard
Sheppard
Article

Executive Order 14421: National Emergency Declaration Imposes New Restrictions On Foreign Bulk-Power System Equipment

President Trump's Executive Order 14421 declares a national emergency to secure the U.S. bulk-power system, imposing new restrictions on foreign-produced electric equipment that poses national security risks. The order prohibits certain imports and installations while directing the Department of Energy to identify and potentially replace existing vulnerable equipment already on the grid.
United StatesEnergy and Natural Resources
Steptoe LLP
Steptoe LLP