§2717 Litigation, jurisdiction, and venue

Summary

Anyone who wants to challenge a regulation made under the Act must ask the U.S. Court of Appeals for the District of Columbia within 90 days of the rule. Except for those regulation challenges and for certain state-court judgments, only U.S. district courts handle lawsuits under the Act, regardless of who the parties are or how much money is involved. Those cases can be filed where the injury or discharge happened, or where the defendant lives, has its main office, or an agent for service. The Fund is treated as located in the District of Columbia. State trial courts that can hear removal-cost or damage claims may decide cases under this Act or state law, and their final judgments are valid and enforceable. The rules about appeals and venue do not apply to tax assessments or to tax regulations. Any incident that happened before August 18, 1990, is handled under the law that applied on that date. Most damage claims must be filed within 3 years. The clock starts when the loss and its link to the discharge are reasonably discoverable with due care, or for natural resource damages, when the damage assessment is finished. Claims to recover removal costs must be started within 3 years after the removal is complete. Contribution claims are barred more than 3 years after judgment or a court-approved settlement, and subrogation claims are barred more than 3 years after payment. Time limits do not start running against a minor until they turn 18 or get a legal representative, or against an incompetent person until their condition ends or they get a legal representative. Before a removal action is finished, no one may challenge an on-scene coordinator’s removal decisions under this Act or the related statutes.