Fifth Circuit Sinks Great Lakes Dredge & Dock’s Jones Act Challenge

The U.S. Fifth Circuit Court of Appeals has upheld a ruling against Great Lakes Dredge & Dock Company (GLDD) in its challenge to a U.S. Customs and Border Protection (CBP) interpretation of the Jones Act.

The ruling maintains CBP’s position that allows foreign-flagged vessels to conduct initial scour protection installation for offshore wind projects—a decision GLDD argued creates a concerning loophole in Jones Act enforcement.

The dispute centered on CBP’s 2021 letter ruling that appeared to favor Jones Act-compliant vessels, stating that rock transported from U.S. points to the Outer Continental Shelf (OCS) would be considered “merchandise” under the Act. However, in a revised ruling just two months later, CBP…