33 U.S.C. § 2717 | Litigation, jurisdiction, and venue

(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

August 18, 1990Nothing in this subchapter shall apply to any cause of action or right of recovery arising from any incident which occurred prior to . 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)

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

(2)

Removal costs

section 2702(b)(1) of this titleAn action for recovery of removal costs referred to in 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

section 1321 of this titleBefore the date of completion of a removal action, no person may bring an action under this Act, , 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.

Pub. L. 101–380, title I, § 1017Aug. 18, 1990104 Stat. 504 Pub. L. 119–60, div. G, title LXXIV, § 7403Dec. 18, 2025139 Stat. 1784(, , ; , , .)

Editorial Notes

References in Text

Pub. L. 101–380Aug. 18, 1990104 Stat. 484 section 2701 of this titleThis Act, referred to in text, is , , , 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 and Tables.

Amendments

Pub. L. 119–602025—Subsec. (g). added subsec. (g).