Title 33 — Navigation and Navigable WatersRelease 119-73
§2708 Recovery by responsible party
Title 33 › Chapter CHAPTER 40— - OIL POLLUTION › Subchapter SUBCHAPTER I— - OIL POLLUTION LIABILITY AND COMPENSATION › § 2708
Summary
A responsible party may seek payment under section 2713 only if they show they have a defense under section 2703 or can limit their liability under section 2704. If section 2704 limits liability, claims under section 2713 can cover only costs and damages (plus payments by them or a guarantor) that exceed the section 2704 limit, which includes liability under section 2702.
Full Legal Text
Title 33, §2708
Navigation and Navigable Waters — Source: USLM XML via OLRC
(a)The responsible party for a vessel or facility from which oil is discharged, or which poses the substantial threat of a discharge of oil, may assert a claim for removal costs and damages under section 2713 of this title only if the responsible party demonstrates that—
(1)the responsible party is entitled to a defense to liability under section 2703 of this title; or
(2)the responsible party is entitled to a limitation of liability under section 2704 of this title.
(b)A responsible party who is entitled to a limitation of liability may assert a claim under section 2713 of this title only to the extent that the sum of the removal costs and damages incurred by the responsible party plus the amounts paid by the responsible party, or by the guarantor on behalf of the responsible party, for claims asserted under section 2713 of this title exceeds the amount to which the total of the liability under section 2702 of this title and removal costs and damages incurred by, or on behalf of, the responsible party is limited under section 2704 of this title.
Reference
Citations & Metadata
Citation
33 U.S.C. § 2708
Title 33 — Navigation and Navigable Waters
Last Updated
Apr 6, 2026
Release point: 119-73