§2717 Litigation, Jurisdiction, and Venue

Summary

Tells where you must sue and how long you have to do it. Any challenge to a rule made under the Act must be filed in the U.S. Court of Appeals for the D.C. Circuit within 90 days. If you could have used that review, you cannot raise the same issue later in other civil or criminal court cases for enforcement, damages, or cleanup costs. For other disputes under the Act, U.S. district courts have the first and only original authority. Cases can be filed where the harm happened, where the defendant lives or has an office, or where the defendant has an agent. The Fund is treated as living in the District of Columbia. State trial courts that can decide removal-cost or damage claims may hear those claims and their final judgments are valid under the Act. None of these rules apply to tax assessments or to review of rules made under title 26. No claim may be brought for incidents that happened before August 18, 1990. Sets time limits for lawsuits. Damage claims must start within 3 years after the loss and its link to the release could be found with due care, or, for certain natural resource damage claims, within 3 years after the damage assessment is finished. Actions to recover removal costs must start within 3 years after the removal ends; the court must then enter a binding declaratory judgment on liability. Contribution claims must start within 3 years after a judgment or a court-approved settlement. Subrogation claims must start within 3 years after the claim was paid. Time limits do not run against minors until they turn 18 or get a legal representative, and do not run against legally incompetent people until incompetence ends or a representative is appointed. Before a removal action is finished, no one may challenge decisions made by the on‑scene coordinator about that removal.