Are all floating structures vessels?: An analysis of the US supreme court's holding in Stewart v. Dutra Construction Company

On February 22, 2005, the U.S Supreme Court, in Stewart v. Dutra Construction Company, held that a dredge is a "vessel" under the Longshore and Harbor Workers Compensation Act (LHWCA). While the dredge in question had only limited means of self-propulsion, the Supreme Court found that it was "practically capable of maritime transportation." The Court's new test for determining vessel status expands the range of floating structures that can be considered vessels under the LHWCA and the Jones Act. This paper will discuss the impact of the Supreme Court's decision and subsequent lower court rulings on offshore operations.