Deepwater ports: Faster licensing given President Trump’s quest for “Energy dominance”

What’s happening

• President Trump declared a “National Energy Emergency” and is pursuing an agenda of American energy dominance
• “All of the above” energy policy prioritizes liquefied natural gas (LNG) and other fossil fuels, not just renewables
• President Trump’s EO “Unleashing American Energy” directed agencies to streamline federal permitting processes, including licensing of deepwater port projects for U.S. LNG exports by the Department of Transportation (DOT)/ the Maritime Administration (MARAD)

Why

• U.S. energy abundance and diversity are key to economic growth and national security
• Abundant and reliable energy needed to fuel AI development in competition for AI supremacy
• U.S. energy exports help balance of trade and increase national security, both domestically and for global partners
• Additional deepwater port projects will facilitate U.S. LNG and other energy exports
• The Deepwater Port Act statutory framework in many cases offers a quicker timeframe than onshore Federal Energy Regulatory Commission (FERC) LNG export projects

Why it matters

• U.S. policy previously focused on transitioning away from fossil fuels, including a moratorium on new LNG export licenses
• Trump Administration policies and the Deepwater Port Act allow fast action so deepwater port projects can move quickly through the licensing process and obtain the necessary approvals within the statutorily mandated timeline (356 days)

How we can help

• Review and evaluate proposed deepwater port projects in heavily regulated and politically sensitive environment
• Advise on all aspects of deepwater port project application process ensuring compliance with all statutory and regulatory requirements, including development of appropriate corporate structure, financial responsibility filings, and environmental reviews, including under the National Environmental Policy Act (NEPA), within the statutory timeframe
• Engage with key agency contacts throughout the regulatory process to keep delays to a minimum

What we do

Our experienced team has helped secure the only two Deepwater Port Act licenses issued by MARAD in the last fifteen years. We advise on all aspects of the application process, bringing decades of experience and contacts to this unique application process.

Our team routinely handles matters regulated by various federal, state and local agencies involved in the deepwater port application process, including MARAD, the U.S. Coast Guard, the U.S. Environmental Protection Agency, the U.S. Department of Energy, and DOT. We work seamlessly with project consultants and company executives to balance strategic priorities and achieve success.

Authored by Joanne Rotondi and Hannah Graae.