Title 33 — Navigation and Navigable WatersRelease 119-73not60

§2708 Recovery by Responsible Party

Title 33 › Chapter 40— OIL POLLUTION › Subchapter I— OIL POLLUTION LIABILITY AND COMPENSATION › § 2708

Last updated Apr 5, 2026|Official source

Summary

A person or company responsible for a ship or facility that spilled oil or posed a serious spill risk can only seek payment for cleanup costs and damages under section 2713 if they show one of two things: they have a defense to liability under section 2703, or they can limit their liability under section 2704. If they use the limit in section 2704, they can recover under section 2713 only for amounts that exceed that limit. That means their cleanup costs and damages, plus any payments they or a guarantor already made for 2713 claims, must be greater than the amount their total liability (the liability under section 2702 plus removal costs and damages) is capped at under section 2704.

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 5, 2026

Release point: 119-73not60