Title 42 — The Public Health and WelfareRelease 119-73

§9672 State laws; scope of subchapter

Title 42 › Chapter CHAPTER 103— - COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY › Subchapter SUBCHAPTER IV— - POLLUTION INSURANCE › § 9672

Last updated Apr 6, 2026|Official source

Summary

Leaves state rules about lawsuits and how states read insurance contracts alone. State definitions of "pollution liability" or "pollution liability insurance" cannot be used for purposes of this subchapter, including deciding if a risk retention group or purchasing group counts. Only pollution liability coverage may be offered under this subchapter; such groups may not provide other kinds of insurance.

Full Legal Text

Title 42, §9672

The Public Health and Welfare — Source: USLM XML via OLRC

(a)Nothing in this subchapter shall be construed to affect either the tort law or the law governing the interpretation of insurance contracts of any State. The definitions of pollution liability and pollution liability insurance under any State law shall not be applied for the purposes of this subchapter, including recognition or qualification of risk retention groups or purchasing groups.

(b)The authority to offer or to provide insurance under this subchapter shall be limited to coverage of pollution liability risks and this subchapter does not authorize a risk retention group or purchasing group to provide coverage of any other line of insurance.

Reference

Citations & Metadata

Citation

42 U.S.C. § 9672

Title 42 — The Public Health and Welfare

Last Updated

Apr 6, 2026

Release point: 119-73