Title 42, The Public Health and WelfareRelease 119-110

§9672 State Laws; Scope of Subchapter

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

Last updated Sep 22, 2026|Official source

Summary

State rules about lawsuits for harm and about how insurance contracts are read are not changed. A state’s definitions of pollution liability or pollution insurance do not apply under this part when deciding if a risk retention group or purchasing group qualifies. Insurance offered under this part may only cover pollution liability risks. Risk retention groups and purchasing groups may not sell other kinds of insurance.

Full Legal Text

Title 42, §9672

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

(a)State laws
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)Scope of subchapter
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

Sep 22, 2026

Release point: 119-110