§1479 — Title 33 Navigation and Navigable Waters | U.S. Code

Summary

The United States must pay for harm caused when it uses measures that go beyond what was reasonably needed to reach the goal in section 1472. Claims for that compensation can be filed in the United States Court of Federal Claims, in any United States district court, or in the courts listed in section 460 of title 28. For this chapter, American Samoa is included in the judicial district of the District Court of the United States for the District of Hawaii, and the Trust Territory of the Pacific Islands is included in the judicial districts of both the District Court of the United States for the District of Hawaii and the District Court of Guam. If the government acts about a substance identified under section 1473(a), the United States must prove that, at the time it acted, the substance could reasonably pose a grave and imminent danger like one of the substances listed in the protocol.

Title 33, §1479

Navigation and Navigable Waters — Source: USLM XML via OLRC

(a)The United States shall be obliged to pay compensation to the extent of the damage caused by measures which exceed those reasonably necessary to achieve the end mentioned in section 1472 of this title.

(b)Actions against the United States seeking compensation for any excessive measures may be brought in the United States Court of Federal Claims, in any district court of the United States, and in those courts enumerated in section 460 of title 28. For purposes of this chapter, American Samoa shall be included within the judicial district of the District Court of the United States for the District of Hawaii, and the Trust Territory of the Pacific Islands shall be included within the judicial districts of both the District Court of the United States for the District of Hawaii and the District Court of Guam.

(c)With respect to intervention for a substance identified pursuant to section 1473(a) of this title, the United States has the burden of establishing that, under the circumstances present at the time of the intervention, the substance could reasonably pose a grave and imminent danger analogous to that posed by a substance enumerated in the protocol.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1992—Subsec. (b). Pub. L. 102–572 substituted “United States Court of Federal Claims” for “United States Claims Court”. 1982—Subsec. (b). Pub. L. 97–164 substituted “Claims Court” for “Court of Claims”. 1978—Subsec. (c). Pub. L. 95–302 added subsec. (c).

Statutory Notes and Related Subsidiaries

Effective Date

of 1992 AmendmentAmendment by Pub. L. 102–572 effective Oct. 29, 1992, see section 911 of Pub. L. 102–572, set out as a note under section 171 of Title 28, Judiciary and Judicial Procedure.

Effective Date

of 1982 AmendmentAmendment by Pub. L. 97–164 effective Oct. 1, 1982, see section 402 of Pub. L. 97–164, set out as a note under section 171 of Title 28, Judiciary and Judicial Procedure.

Effective Date

of 1978 AmendmentFor

Effective Date

of amendment by Pub. L. 95–302, see section 2 of Pub. L. 95–302, set out as a note under section 1487 of this title.

Executive Documents

Termination of Trust Territory of the Pacific Islands For termination of Trust Territory of the Pacific Islands, see note set out preceding section 1681 of Title 48, Territories and Insular Possessions.

§1479 Federal liability for unreasonable damages

Summary

Title 33, §1479

Notes & Related Subsidiaries

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Effective Date

Effective Date

Executive Documents

Citations & Metadata