The company is still negotiating with the Coast Guard to join the cleanup and does not have a contract with BP to perform the work. The company also needs environmental approval and waiver of a nearly century-old law aimed at protecting U.S. shipping interests. Environmental Protection Agency approval is required because some of the seawater returned to the Gulf would have traces of oil.
The company says it also needs a waiver of the 1920 Jones Act, which limits the activities of foreign-flagged ships in coastal U.S. waters. Other interpretations conclude that the Jones Act is does not apply to skimming operations outside of 3 miles from shore. Oil skimming outside 3 miles, including near the well 50 miles from shore that is the source of the leak, is completely open to foreign oil spill response vessels. (Daily Press, 6/24/2010, Wavy.com, 6/25/2010)