Payment of compensation
section 1472 of this titleThe United States shall be obliged to pay compensation to the extent of the damage caused by measures which exceed those reasonably necessary to achieve the end mentioned in .
Jurisdiction
section 460 of title 28Actions against the United States seeking compensation for any excessive measures may be brought in the United States Court of Federal Claims, in any district court of the United States, and in those courts enumerated in . For purposes of this chapter, American Samoa shall be included within the judicial district of the District Court of the United States for the District of Hawaii, and the Trust Territory of the Pacific Islands shall be included within the judicial districts of both the District Court of the United States for the District of Hawaii and the District Court of Guam.
Burden of proof
section 1473(a) of this titleWith respect to intervention for a substance identified pursuant to , the United States has the burden of establishing that, under the circumstances present at the time of the intervention, the substance could reasonably pose a grave and imminent danger analogous to that posed by a substance enumerated in the protocol.
Pub. L. 93–248, § 1088 Stat. 10Pub. L. 95–302, § 1(4)92 Stat. 345Pub. L. 97–164, title I, § 161(6)96 Stat. 49Pub. L. 102–572, title IX, § 902(b)(1)106 Stat. 4516(, , ; , , ; , , ; , , .)
Editorial Notes
Amendments
Pub. L. 102–5721992—Subsec. (b). substituted “United States Court of Federal Claims” for “United States Claims Court”.
Pub. L. 97–1641982—Subsec. (b). substituted “Claims Court” for “Court of Claims”.
Pub. L. 95–3021978—Subsec. (c). added subsec. (c).
Statutory Notes and Related Subsidiaries
Effective Date of 1992 Amendment
Pub. L. 102–572section 911 of Pub. L. 102–572section 171 of Title 28Amendment by effective , see , set out as a note under , Judiciary and Judicial Procedure.
Effective Date of 1982 Amendment
Pub. L. 97–164section 402 of Pub. L. 97–164section 171 of Title 28Amendment by effective , see , set out as a note under , Judiciary and Judicial Procedure.
Effective Date of 1978 Amendment
Pub. L. 95–302section 2 of Pub. L. 95–302section 1487 of this titleFor effective date of amendment by , see , set out as a note under .
Executive Documents
Termination of Trust Territory of the Pacific Islands
section 1681 of Title 48For termination of Trust Territory of the Pacific Islands, see note set out preceding , Territories and Insular Possessions.