The Biden administration's commitment to the development of offshore wind as an alternative energy source is bearing tangible results. In May, the administration gave final approval to Vineyard Wind, the first US offshore wind project of industrial scale. Several leases have now been granted or are in active negotiation, primarily in the Northeast, and serious studies are being made of the potential for offshore wind installations in the Gulf of Mexico. It is expected that additional US offshore wind projects will be approved without delays.

Late last year, Congress amended Section 4(a) of the Outer Continental Shelf Lands Act to provide that federal laws extend to "(iii) installations and other devices permanently or temporarily attached to the seabed, which may be erected thereon for the purpose of exploring for, developing, or producing resources, including non-mineral energy resources . . . ." (emphasis added). In a recent ruling following this amendment, US Customs and Border Protection has construed this language to find that a jack-up vessel would become a coastwise point when attached to the seabed of the Outer Continental Shelf for the purpose of installing or constructing a structure to be used for the production of wind energy. Continue reading >