Jones Act Blamed for Hampering Oil Spill Cleanup

According to reports the 1920’s law known as the Jones Act that was enacted as a protection law requires that all vessels working in U.S. waters be built in the United States and crewed by American workers. This law could now be holding up the oil cleanup as some of the foreign companies possess some of the most advanced oil skimming ships in the world and are being kept from helping the cleanup efforts.

Heritage Foundation Joesph Carafano questions if we are accepting all the help possible, including international assistance in cleaning up the disaster due to the Jones Act.

The Administration and Coast Guard have pointed out that foreign technology is being used in the BP oil spill cleanup. Canada has offered 3,000 meters of containment boom and Mexico has offered two skimmers and approximately 4200 meters of boom.

The Dutch have provided three sets of COSEQ sweeping arms and Norway has offered 8 skimming systems. This technology has been transferred to US vessels and some of the most excellent ships for this type of cleanup owned by the Belgian, Dutch and Norwegian firms are not being used.

According to Coast Guard Lt. Commander Chris O’Neil has stated the reason the firms skimmers are not in use is because they do not meet the operational requirements of the Unified Area Command. This means that one of the requirements is the operational requirements is the vessel has to comply with the Jones Act. O’Neil stated the Jones Act does apply to this situation and he has heard nothing about waivers.

The waiver O’Neil mentioned has been done during a prior emergency, during Katrina when George W. Bush’s administration granted waivers. The Obama Administration is considering granting waivers, but there has been no firm decision and if there is a need for waivers they would be granted according to White House spokesman Robert Gibbs.

Florida Democratic Senator Bill Nelson is not certain about having all the possible resources, he has stated he is hearing from his state they want every skimmer ship they can get. In a letter to Admiral Thad Allen he stated he believes the oil that is now in Florida’s water is enough evidence that the state needs to take advantage of every appropriate global resource available. Nelson asked that Admiral Allen advise him if they are taking advantage of assistance from other countries.

We hope you have enjoyed this public service message from Ehline Law | Los Angeles Maritime Law Attorney. 213-596-9642.