33 U.S.C. § 2717

Litigation, jurisdiction, and venue

Read at: OLRCuscode.house.gov CornellLII GovInfogovinfo.gov JustiaTitle 33 CasesGoogle Scholar

(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.

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

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) DamagesExcept 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) ContributionNo 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) CommencementThe 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

Before the date of completion of a removal action, no person may bring an action under this Act, section 1321 of this title, 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, § 1017, Aug. 18, 1990, 104 Stat. 504; Pub. L. 119–60, div. G, title LXXIV, § 7403, Dec. 18, 2025, 139 Stat. 1784.)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

2025—Subsec. (g). Pub. L. 119–60 added subsec. (g).

Notes of Decisions

Cited in 37 cases (3 in the last 5 years), 1994–2023 · leading case: Nova v. Sec'y of Vets. Affairs, 981 F.3d 1360 (Fed. Cir. 2020).

Sort: Relevance Newest Treatment

Nova v. Sec'y of Vets. Affairs, 981 F.3d 1360 (Fed. Cir. 2020). “§ 1276 (a)(1) (providing a 60-day period for review of certain Environmental Protection Agency actions re- lated to coal mining); 33 U.S.C. § 2717 (a) (providing a 90-day period of review for challenges to regulations Case: 20-1321 Document: 109 Page: 42 Filed: 12/08/2020 42…”

In re: Tennant, Jame, 359 F.3d 523 (D.C. Cir. 2004). “§ 3703 note) (setting deadline for Coast Guard to issue regulations); 33 U.S.C. § 2717 (a) ("Review of any regulation promulgated under this chapter may be had upon application by any interested person” in this court only); Tank Level or Pressure Monitoring Devices, 64 Fed.”

Rhode Island v. United States Env't Prot. Agency, 378 F.3d 19 (1st Cir. 2004). “§ 9011 (permitting judicial review of certain actions of the Federal Election Commission upon petition "by any interested person”); 33 U.S.C. § 2717 (authorizing judicial review of regulations promulgated under the Oil Pollution Act “upon application by any interested person”);…”

Savage Servs. Corp. v. United States, 25 F.4th 925 (11th Cir. 2022). “33 U.S.C. § 2717 . But it does much more than that: It sets out a detailed “[c]laims procedure” that governs actions against responsible parties, requiring that (other than in limited circumstances) “all claims for removal costs or damages shall be presented first to the…”

Settoon Towing, L.L.C. v. Marquette Transp. Co., 859 F.3d 340 (5th Cir. 2017). “Even if it is correct to say that no provision in the OPA explicitly uses the word “liable” in relation to anyone other than the entity solely responsible for the damage, the phrase “potentially liable” completes the statutory scheme. The entity from whose vessel the oil was…”

Tanguis v. M/v Westchester, 153 F. Supp. 2d 859 (E.D. La. 2001). · cites it 3× “Although OPA does not expressly preclude removal, plaintiffs argue that a Congressional intent to prevent removal nevertheless can be divined from OPA’s jurisdictional provision, 33 U.S.C. § 2717 , and its savings provision, 33 U.”

Lake Eugenie Land & Dev., Inc. v. BP Expl. & Prod., Inc., 632 F. App'x 199 (5th Cir. 2015). “Claimants now appeal the district court’s denial of their requests for discretionary review.”

In Re Bluewater Network, 234 F.3d 1305 (D.C. Cir. 2000). “at 504 (codified at 33 U.S.C. § 2717 (a)). Title IV, “Prevention and Removal,” for the most part amends existing statutory provisions, in many cases instructing the Secretary of Transportation, including the Coast Guard, to promulgate regulations for ensuring the prevention of…”

Chuc Nguyen v. Am. Com. Lines, L, 805 F.3d 134 (5th Cir. 2015). · cites it 2× “See 33 U.S.C. § 2717 (f)(1) (requiring that an action for damages be brought “within 3 years after .”

ID 100218776 v. BP Expl. & Prod., Inc., 712 F. App'x 372 (5th Cir. 2017). “III, § 2; 28 § 1333; 33 U.S.C. § 2717 (b); 43 § 1349(b); 46 U.”

Avitts v. Amoco Prod. Co., 840 F. Supp. 1116 (S.D. Tex. 1994). · cites it 2× “” 33 U.S.C.A. § 2717 (f)(2) (West Supp.1993).”

Unocal Corp. v. United States, 222 F.3d 528 (9th Cir. 2000). · cites it 3× “Unocal bases its request on the OPA provision found at 33 U.S.C. § 2717 (f)(2). That section provides: In any .”

Show all 37 citing cases →

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.