The Obscure Protectionist Law That Will Slow Clean-up of the Baltimore Bridge Disaster
The collapse of the Francis Scott Key Bridge figures to snarl traffic around Baltimore, but the bigger problem might be the downed bridge’s effect on maritime activity.
Until the bridge’s wreckage can be cleared away, the Port of Baltimore is cut off from the Chesapeake Bay, the Atlantic Ocean, and the global supply chains beyond. It remains unclear how long the port will be closed, but federal Transportation Secretary Pete Buttigieg said Wednesday that there could be a “long and difficult path” ahead.
In the meantime, trade flowing through the port will have to be redirected to other ports along the East Coast. That’s a disruption that could mean higher costs and other complications—and it is a particularly acute issue for the roughly 15,000 workers who earn a living off the commerce that passes through Baltimore’s port.
Clearly, there’s every reason to make sure the port can be reopened as quickly as possible. Buttigieg acknowledged as much on Wednesday, and said the White House had given a “clear directive” to “tear down any barriers, bureaucratic as well as financial.”
But Buttigieg stopped short of naming any specific federal regulations that might be waived to speed along the recovery efforts in Baltimore. Here’s one that should go right to the top of the list: The Foreign Dredge Act of 1906.
The Foreign Dredge Act is an older cousin to the more well-known and infamous Jones Act, which bans foreign-built ships from moving goods between American ports. As a result, it drives up shipping prices to places to Puerto Rico and Hawaii, adds traffic to American highways, and leaves sizable parts of the country without access to natural gas.
Like the Jones Act, the Foreign Dredge Act is a purely protectionist law that forbids foreign-built dredges—vessels built to remove debris from waterways and to deepen and widen shipping channels—from operating in the U.S. Any foreign dredge caught doing work in American waters is subject to immediate forfeiture.
The law was originally meant to protect American dredge-building companies from foreign competition. More than a century lat
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