Navigating regulatory complexity to deliver landmark deepwater port approvals
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Navigating regulatory complexity to deliver landmark deepwater port approvals

As demand for energy export infrastructure grows, deepwater ports present a unique opportunity. But approval is complex – and that’s where we come in.

With energy security and sustainability high on the global agenda, the need for scalable offshore export projects has never been greater. Deepwater ports offer a powerful tool, yet these projects face a uniquely complex regulatory landscape. We have significant experience helping clients navigate every step of the Maritime Administration (MARAD) Deepwater Port Act (DWPA) licensing process, from pre-application strategy to post-license implementation.

In the past fifteen years, we’ve advised on more U.S. deepwater port project applications than any other law firm, including the only two projects to receive deepwater port licenses. Our team, led by partner Joanne Rotondi, and including partner Jim Banks and counsel Hannah Graae, works across practices to deliver full-service legal counsel across environmental, energy, transportation, litigation, and corporate law.

We’ve built one of the most active and successful deepwater port legal practices in the United States – guiding five major projects through the application process. Two clients stand out: Delfin Midstream, developer of the first offshore liquified natural gas (LNG) export project in the United States; and Enterprise Products Partners, sponsor of the Sea Port Oil Terminal (“SPOT”) project – the first crude oil deepwater port project to receive a federal license since the 1970s.

Delfin: From pipeline to port

“We’ve been with Delfin since the beginning,” says Rotondi. “It started with an existing unused pipeline and a vision. Ten years later, they’ve made history.”

In March 2025, what began as an abandoned pipeline in the Gulf became the first offshore LNG export project in the U.S. to receive a MARAD deepwater port license – a milestone 10 years in the making. From structuring Delfin’s corporate entities (with partner Les Reese and team) to defending their license before the Fifth Circuit (with a team led by partners Cate Stetson and Sean Marotta), our deepwater port team delivered end-to-end support across every approval, major policy shift, and strategic challenge. Despite facing challenges related to changing U.S. energy policies and priorities, Rotondi described “working together across practices and with Delfin’s expanded team to successfully navigate the complex regulatory process and deliver the outcome our clients deserve.”

“Hogan Lovells provided clear guidance and a deep understanding of the challenges we faced,” says Dudley Poston, Delfin CEO. “They understood the stakes and helped us deliver a project no one else had done before.”

Enterprise: Crude oil deepwater port success

Enterprise’s SPOT was the first U.S. crude oil deepwater port approved in nearly 50 years. In 2024 – when similar deepwater port projects stalled in a shifting regulatory climate – we helped Enterprise succeed.

Hogan Lovells led MARAD engagement and coordinated across more than 15 agencies over the course of 5 years. Following MARAD’s approval, we successfully defended MARAD’s decision in court – also with the help of appellate partners Stetson and Marotta.

“Sophisticated clients understand the stakes involved,” Rotondi says. “Enterprise relied on our team to navigate the complexities and ensure their application was completed properly. When MARAD sees a project come through our team, they know it’s the gold standard.”

Defining the future of deepwater ports

Every deepwater port project touches numerous federal and state agencies and is shaped by evolving government policy, environmental scrutiny, and market shifts driven by geopolitical developments and other macroeconomic factors. For clients developing offshore infrastructure, we are a critical partner in executing their business strategy.

Our strength lies in the depth of our experience and our ability to seamlessly integrate cross-practice counsel – from environmental and energy regulation to corporate structuring and litigation.

“We’re not just a transportation or energy shop,” says Rotondi. “We bring a full-service team that anticipates every outcome and every policy twist. We drive projects forward and help companies grow their business.”


*Learn more about our deepwater ports team here.

Outcome

2

deepwater port projects approved with our counsel - the only licenses issued in the last 15 years

1st

U.S. offshore LNG export project to receive MARAD approval (Delfin) and 1st crude oil deepwater port licensed since 1977 (Enterprise)

5

deepwater port project applications supported by our counsel in the last 15 years