William & Mary Environmental Law and Policy Review
Abstract
This Note is organized into three parts to examine how the Jones Act hampers the U.S. wind energy industry’s construction of offshore wind farms by requiring that only U.S. vessels transport materials from U.S. ports to the wind farms. The Note proposes a license modeled on Canada’s Coasting Trade Act (“CTA”) to allow non-U.S.-flagged vessels to participate in wind turbine construction. Part I will address the development of cabotage law in the United States, the creation of the Jones Act, and its impact on offshore wind. Part II surveys Canada’s cabotage laws, which culminated in the passage of the CTA in 1990. Examples are given of the successful implementation of the Canadian CTA license. Lastly, Part III argues implementing a licensing system similar to the CTA would be an effective solution to offshore wind woes and outlines how this license would function.