U.S. Code » Title 33 » Chapter CHAPTER 40— OIL POLLUTION › Subchapter SUBCHAPTER I— OIL POLLUTION LIABILITY AND COMPENSATION

33 U.S.C. § 2710

Indemnification agreements

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(a) Agreements not prohibited

Nothing in this Act prohibits any agreement to insure, hold harmless, or indemnify a party to such agreement for any liability under this Act.

(b) Liability not transferred

No indemnification, hold harmless, or similar agreement or conveyance shall be effective to transfer liability imposed under this Act from a responsible party or from any person who may be liable for an incident under this Act to any other person.

(c) Relationship to other causes of action

Nothing in this Act, including the provisions of subsection (b), bars a cause of action that a responsible party subject to liability under this Act, or a guarantor, has or would have, by reason of subrogation or otherwise, against any person.

(Pub. L. 101–380, title I, § 1010, Aug. 18, 1990, 104 Stat. 498.)Editorial NotesReferences 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.

Notes of Decisions
Cited in 3 cases, 2014–2020 · leading case: United States v. Am. Com. Lines, L.L.C, 759 F.3d 420 (5th Cir. 2014).
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United States v. Am. Com. Lines, L.L.C, 759 F.3d 420 (5th Cir. 2014). “§ 2710(a) ("Nothing in this Act prohibits any agreement to insure, hold harmless, or indemnify a party to such agreement for any liability under this Act.”). "Indemnification" is "[t]he action of compensating for loss or damage sustained.”
Donjon-Smit, LLC v. Schultz (S.D. Ga. 2020). “28 at 14; see 33 U.S.C. § 2710 (b) (providing that a responsible party cannot convey liability imposed under OPA 90 to any other person).”
United States v. Am. Com. Lines (5th Cir. 2014). “8 Invoking 33 U.S.C. § 2710 , ACL further asserts that OPA does not displace its implied indemnity claims against ES&H and USES.”
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