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

33 U.S.C. § 2715

Subrogation

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(a) In general

Any person, including the Fund, who pays compensation pursuant to this Act to any claimant for removal costs or damages shall be subrogated to all rights, claims, and causes of action that the claimant has under any other law.

(b) Interim damages(1) In general

If a responsible party, a guarantor, or the Fund has made payment to a claimant for interim, short-term damages representing less than the full amount of damages to which the claimant ultimately may be entitled, subrogation under subsection (a) shall apply only with respect to the portion of the claim reflected in the paid interim claim.

(2) Final damages

Payment of such a claim shall not foreclose a claimant’s right to recovery of all damages to which the claimant otherwise is entitled under this Act or under any other law.

(c) Actions on behalf of Fund

At the request of the Secretary, the Attorney General shall commence an action on behalf of the Fund to recover any compensation paid by the Fund to any claimant pursuant to this Act, and all costs incurred by the Fund by reason of the claim, including interest (including prejudgment interest), administrative and adjudicative costs, and attorney’s fees. Such an action may be commenced against any responsible party or (subject to section 2716 of this title) guarantor, or against any other person who is liable, pursuant to any law, to the compensated claimant or to the Fund, for the cost or damages for which the compensation was paid. Such an action shall be commenced against the responsible foreign government or other responsible party to recover any removal costs or damages paid from the Fund as the result of the discharge, or substantial threat of discharge, of oil from a foreign offshore unit or other facility located seaward of the exclusive economic zone.

(d) Authority to settle

The head of any department or agency responsible for recovering amounts for which a person is liable under this subchapter may consider, compromise, and settle a claim for such amounts, including such costs paid from the Fund, if the claim has not been referred to the Attorney General. In any case in which the total amount to be recovered may exceed $500,000 (excluding interest), a claim may be compromised and settled under the preceding sentence only with the prior written approval of the Attorney General.

(Pub. L. 101–380, title I, § 1015, Aug. 18, 1990, 104 Stat. 502; Pub. L. 104–324, title XI, § 1142(d), Oct. 19, 1996, 110 Stat. 3991; Pub. L. 108–293, title VII, § 706, Aug. 9, 2004, 118 Stat. 1076; Pub. L. 115–91, div. C, title XXXV, § 3508(b)(1)(B), Dec. 12, 2017, 131 Stat. 1916.)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.

Amendments

2017—Subsec. (c). Pub. L. 115–91 inserted “or other facility located seaward of the exclusive economic zone” after “foreign offshore unit”.

2004—Subsec. (d). Pub. L. 108–293 added subsec. (d).

1996—Subsecs. (b), (c). Pub. L. 104–324 added subsec. (b) and redesignated former subsec. (b) as (c).

Notes of Decisions
Cited in 25 cases (6 in the last 5 years), 1994–2025 · leading case: United States v. CITGO Asphalt Ref. Co. (In Re Frescati Shipping Co., Ltd.), 886 F.3d 291 (3d Cir. 2018).
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United States v. CITGO Asphalt Ref. Co. (In Re Frescati Shipping Co., Ltd.), 886 F.3d 291 (3d Cir. 2018). · cites it 5× “" 33 U.S.C. § 2715 (a). The United States pursued these claims against CARCO as a "person who is liable, pursuant to any law, to the compensated claimant [Frescati] or to the Fund, for the cost or damages for which the compensation was paid.”
Keller Transp., Inc. v. Wagner Entersprises, LLC, 873 F. Supp. 2d 1342 (D. Mont. 2012). · cites it 9× “24 at 2 n. 1. Consequently, Keller did not present any arguments in opposition to Wagner’s motion to dismiss this claim.”
United States v. E.R.R., 35 F.4th 405 (5th Cir. 2022). “” 33 U.S.C. § 2715 (a); see also id. § 2712(f).”
Nat'l Shipping Co. v. Moran Mid-Atl. Corp., 924 F. Supp. 1436 (E.D. Va. 1996). “33 U.S.C. § 2715 . Although Plaintiff may be entitled to relief under section 2715, its recovery under that section would be limited to $106,-802.”
Int'l Marine Carriers v. Oil Spill Liab. Trust Fund, 903 F. Supp. 1097 (S.D. Tex. 1994). “33 U.S.C. § 2715 . IMC cites no authority that OPA sections 2712, 2713 or 2715 provide for judicial review of claims against the Fund.”
Chuc Nguyen v. Am. Com. Lines, L, 805 F.3d 134 (5th Cir. 2015). “33 U.S.C. § 2715 . 5 . The district court referred to 48 claims filed within the 90-day presentment window, but the parties refer to 22 such claims.”
Egan Marine Corp. v. Great Am. Ins. Co. of New York, 531 F. Supp. 2d 949 (N.D. Ill. 2007). “§ 2709 ) and subro-gation ( 33 U.S.C. § 2715 ). Because Egan owns both the tug and the barge and *956 denies that the tug was responsible for the explosion, Seaboats is not on point.”
Marathon Pipe Line Co. v. LaROCHE Indus. INC., 944 F. Supp. 476 (E.D. La. 1996). “See also 33 U.S.C. §§ 2715 (subrogation provision of OPA) and 2717 (“court shall enter a declaratory judgment on liability for removal costs and damages that will be binding on any subsequent action or actions to recover further removal costs and damages”).”
Unocal Corp. v. United States, 222 F.3d 528 (9th Cir. 2000). “Unocal argues that, under section 2715, it has stepped into the shoes of the vendors whom it paid to perform the cleanup.”
In re Settoon Towing LLC., 722 F. Supp. 2d 706 (E.D. La. 2009). “” 33 U.S.C. § 2715 (c). Thus, at trial it will be determined how ExPert, as a responsible party, and Settoon, as a potential non-sole-fault third-party, share the allocation of the costs incurred.”
United States v. Ernst Jacob GmbH, 158 F.4th 232 (1st Cir. 2025). · cites it 4× “" 33 U.S.C. § 2715 (a). At the request of the "Secretary of the department in which the Coast Guard is operating," id.”
Hubbard v. Alabama Power Co., No. 2:23-cv-00882 (N.D. Ala. Sept. 28, 2023). · cites it 2× “§ 57 (b); 33 U.S.C. § 2715 ; 18 U.S.C. § 1341 ; UCC § 3-306.”
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