Title 33, Navigation and Navigable WatersRelease 119-110

§2708 Recovery by Responsible Party

Title 33 › CHAPTER 40 — OIL POLLUTION › SUBCHAPTER I — OIL POLLUTION LIABILITY AND COMPENSATION › § 2708

Last updated Sep 22, 2026|Official source

Summary

A person responsible for a ship or facility that spilled oil, or could spill oil, can only try to recover cleanup costs and damages under section 2713 if they prove they have a defense under section 2703 or a right to limit how much they must pay under section 2704. If they use a limit on liability, they can recover under section 2713 only after their cleanup costs and damages plus any amounts they or a guarantor already paid for such claims exceed the capped amount set under section 2704 when combined with the liability in section 2702.

Full Legal Text

Title 33, §2708

Navigation and Navigable Waters, Source: USLM XML via OLRC

(a)In general

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)Extent of recovery

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

Sep 22, 2026

Release point: 119-110