§ 2717. — Litigation, jurisdiction, and venue.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC2717]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 40--OIL POLLUTION
SUBCHAPTER I--OIL POLLUTION LIABILITY AND COMPENSATION
Sec. 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) of this section, 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) of this section
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.
(Pub. L. 101-380, title I, Sec. 1017, Aug. 18, 1990, 104 Stat. 504.)
References in Text
This Act, referred to in subsecs. (a), (b), (c), and (f), is Pub. L.
101-380, Aug. 18, 1990, 104 Stat. 484, as amended, 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.
Section Referred to in Other Sections
This section is referred to in section 2709 of this title.
