33 U.S.C. § 2717: Litigation, jurisdiction…

Summary

You can only ask the U.S. Court of Appeals for the District of Columbia to review any regulation made under this law, and you must ask within 90 days after the rule is made. If you could have used that review, you cannot later ask a court in a civil or criminal case to review the same matter to enforce the law or get money or cleanup costs. Except for those rules and the state-court matters below, federal district courts have the sole power to hear cases under this law. Cases may be filed where the spill, injury, or damage happened, or where the defendant lives, has its main office, or has an agent to be served. The Fund is treated as located in the District of Columbia. A state trial court with proper authority may hear claims for cleanup costs or damages under this law or state law, and its final judgments must be recognized and enforced. None of these parts apply to tax assessment or collection or to tax rules under title 26. Claims from incidents before August 18, 1990, follow the law in effect on the date of the incident. Most claims have time limits of 3 years. Damage claims must start within 3 years after the loss and its link to the spill are reasonably discoverable, or for natural resource damages, within 3 years after the damage assessment is finished. Recovery of removal (cleanup) costs must be started within 3 years after the removal is completed, though costs can be recovered any time after they are paid. Contribution claims must be brought within 3 years after a judgment or a court-approved settlement. Claims based on subrogation must start within 3 years after the claim was paid. Time limits do not start for a minor until they turn 18 or a legal representative is appointed, and do not start for an incompetent person until their incapacity ends or a legal representative is appointed. Before a removal action is finished, no one may challenge decisions made by the on-scene coordinator about that removal under this law, section 1321, or certain federal review rules.

Title 33, §2717

Navigation and Navigable Waters, Source: USLM XML via OLRC

(a)Review of regulations

Review of any regulation promulgated under this Act may be had upon application by any interested person only in the Circuit Court of Appeals of the United States for the District of Columbia. Any such application shall be made within 90 days from the date of promulgation of such regulations. Any matter with respect to which review could have been obtained under this subsection shall not be subject to judicial review in any civil or criminal proceeding for enforcement or to obtain damages or recovery of response costs.

(b)Jurisdiction

Except as provided in subsections (a) and (c), the United States district courts shall have exclusive original jurisdiction over all controversies arising under this Act, without regard to the citizenship of the parties or the amount in controversy. Venue shall lie in any district in which the discharge or injury or damages occurred, or in which the defendant resides, may be found, has its principal office, or has appointed an agent for service of process. For the purposes of this section, the Fund shall reside in the District of Columbia.

(c)State court jurisdiction

A State trial court of competent jurisdiction over claims for removal costs or damages, as defined under this Act, may consider claims under this Act or State law and any final judgment of such court (when no longer subject to ordinary forms of review) shall be recognized, valid, and enforceable for all purposes of this Act.

(d)Assessment and collection of tax

The provisions of subsections (a), (b), and (c) shall not apply to any controversy or other matter resulting from the assessment or collection of any tax, or to the review of any regulation promulgated under title 26.

(e)Savings provision

Nothing in this subchapter shall apply to any cause of action or right of recovery arising from any incident which occurred prior to August 18, 1990. Such claims shall be adjudicated pursuant to the law applicable on the date of the incident.

(f)Period of limitations

(1)Damages

Except as provided in paragraphs (3) and (4), an action for damages under this Act shall be barred unless the action is brought within 3 years after—

(A)the date on which the loss and the connection of the loss with the discharge in question are reasonably discoverable with the exercise of due care, or

(B)in the case of natural resource damages under section 2702(b)(2)(A) of this title, the date of completion of the natural resources damage assessment under section 2706(c) of this title.

(2)Removal costs

An action for recovery of removal costs referred to in section 2702(b)(1) of this title must be commenced within 3 years after completion of the removal action. In any such action described in this subsection, the court shall enter a declaratory judgment on liability for removal costs or damages that will be binding on any subsequent action or actions to recover further removal costs or damages. Except as otherwise provided in this paragraph, an action may be commenced under this subchapter for recovery of removal costs at any time after such costs have been incurred.

(3)Contribution

No action for contribution for any removal costs or damages may be commenced more than 3 years after—

(A)the date of judgment in any action under this Act for recovery of such costs or damages, or

(B)the date of entry of a judicially approved settlement with respect to such costs or damages.

(4)Subrogation

No action based on rights subrogated pursuant to this Act by reason of payment of a claim may be commenced under this Act more than 3 years after the date of payment of such claim.

(5)Commencement

The time limitations contained herein shall not begin to run—

(A)against a minor until the earlier of the date when such minor reaches 18 years of age or the date on which a legal representative is duly appointed for such minor, or

(B)against an incompetent person until the earlier of the date on which such incompetent’s incompetency ends or the date on which a legal representative is duly appointed for such incompetent.

(g)Timing of review

Before the date of completion of a removal action, no person may bring an action under this Act, section 1321 of this title, or chapter 7 of title 5 challenging any decision relating to such removal action that is made by an on-scene coordinator appointed under the National Contingency Plan.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This Act, referred to in text, is Pub. L. 101–380, Aug. 18, 1990, 104 Stat. 484, known as the Oil Pollution Act of 1990, which is classified principally to this chapter. For complete classification of this Act to the Code, see

Short Title

note set out under section 2701 of this title and Tables.

Amendments

2025—Subsec. (g). Pub. L. 119–60 added subsec. (g).

§2717 Litigation, Jurisdiction, and Venue