Harvey's Impact On U.S. Fuel Supply Chains May Trigger Jones Act Waiver Request

Eric Lee is an Associate, J. Michael Cavanaugh and Julia M. Palmer are partners at Holland & Knight's Washington, D.C., office

Process Cumbersome for Storm-Related Waivers, Which Have Been Sparingly Granted

HIGHLIGHTS:

• A disruption of refinery operations and ocean shipping on the U.S. Gulf Coast in the wake of Hurricane Harvey may spur oil industry requests for a waiver of the Jones Act to permit non-U.S. vessels to move crude oil and refined products to East Coast markets.
• Historically, federal agencies have sparingly granted waivers in the aftermath of severe storms, although waivers were granted after Hurricanes Katrina and Rita in 2005, as well as after Superstorm Sandy in 2012.