Coastal Pipeline Jones Act Waiver Post-Mortem

Following the closure of the Colonial Pipeline, two requests for Jones Act waivers were issued by the U.S. Department of Homeland Security on or about May 12 and May 13. DHS is an appropriate agency to issue such waivers because under the law it is "responsible for the administration of the navigation law" and the Jones Act is such a "law." Although neither waiver was released to the public, what is available illuminates at least part of the waiver process.

The law which grants authority to waive navigation laws requires that waivers may only be issued if it is "necessary in the interest of national defense." The DHS statements announcing the waivers claim that the waivers meet this standard, but no explanation was provided, and no reasons were given. Those statements also omit the word "necessary" and assert that the waivers are "in the interest of national defense."