33 U.S.C. § 2718

Relationship to other law

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(a) Preservation of State authorities; Solid Waste Disposal ActNothing in this Act or the Act of March 3, 1851 shall—(1) affect, or be construed or interpreted as preempting, the authority of any State or political subdivision thereof from imposing any additional liability or requirements with respect to—(A) the discharge of oil or other pollution by oil within such State; or(B) any removal activities in connection with such a discharge; or(2) affect, or be construed or interpreted to affect or modify in any way the obligations or liabilities of any person under the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.) or State law, including common law.(b) Preservation of State fundsNothing in this Act or in section 9509 of title 26 shall in any way affect, or be construed to affect, the authority of any State—(1) to establish, or to continue in effect, a fund any purpose of which is to pay for costs or damages arising out of, or directly resulting from, oil pollution or the substantial threat of oil pollution; or(2) to require any person to contribute to such a fund.(c) Additional requirements and liabilities; penaltiesNothing in this Act, chapter 305 of title 46, or section 9509 of title 26, shall in any way affect, or be construed to affect, the authority of the United States or any State or political subdivision thereof—(1) to impose additional liability or additional requirements; or(2) to impose, or to determine the amount of, any fine or penalty (whether criminal or civil in nature) for any violation of law;relating to the discharge, or substantial threat of a discharge, of oil.(d) Federal employee liability

For purposes of section 2679(b)(2)(B) of title 28, nothing in this Act shall be construed to authorize or create a cause of action against a Federal officer or employee in the officer’s or employee’s personal or individual capacity for any act or omission while acting within the scope of the officer’s or employee’s office or employment.

(Pub. L. 101–380, title I, § 1018, Aug. 18, 1990, 104 Stat. 505; Pub. L. 119–60, div. G, title LXXVII, § 7701(g)(6), Dec. 18, 2025, 139 Stat. 1836.)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.

Act of March 3, 1851, referred to in subsec. (a), is act Mar. 3, 1851, ch. 43, 9 Stat. 635, which was incorporated into the Revised Statutes as R.S. §§ 4282, 4283, 4284 to 4287 and 4289, and was classified to sections 182, 183, and 184 to 188 of Title 46, Appendix, Shipping, prior to being repealed and restated in chapter 305 of Title 46, Shipping, by Pub. L. 109–304, §§ 6(c), 19, Oct. 6, 2006, 120 Stat. 1509, 1710. For disposition of sections of the former Appendix to Title 46, see Disposition Table preceding section 101 of Title 46.

The Solid Waste Disposal Act, referred to in subsec. (a)(2), is title II of Pub. L. 89–272, Oct. 20, 1965, 79 Stat. 997, as amended generally by Pub. L. 94–580, § 2, Oct. 21, 1976, 90 Stat. 2795, which is classified generally to chapter 82 (§ 6901 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 6901 of Title 42 and Tables.

Amendments

2025—Subsec. (c). Pub. L. 119–60 substituted “chapter 305 of title 46” for “the Act of March 3, 1851 (46 U.S.C. 183 et seq.)” in introductory provisions.

Statutory Notes and Related SubsidiariesReport on Vessel Safety and Ability To Meet Legal Obligations

Pub. L. 102–241, § 32, Dec. 19, 1991, 105 Stat. 2222, provided that: “Not later than one year after the date of enactment of this Act [Dec. 19, 1991], the Secretary of Transportation shall report to Congress on the effect of section 1018 of the Oil Pollution Act of 1990 (Public Law 101–380; 104 Stat. 484) [33 U.S.C. 2718] on the safety of vessels being used to transport oil and the capability of owners and operators to meet their legal obligations in the event of an oil spill.”

Notes of Decisions

Cited in 33 cases (1 in the last 5 years), 1992–2022 · leading case: United States v. Massachusetts

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United States v. Massachusetts (2007) ca1 · cites it 5× “484, 505-06 (codified at 33 U.S.C. § 2718 ). The United States did not assert violations of any treaties or claim that federal foreign affairs powers were at issue.”

In Re DEEPWATER HORIZON (2014) ca5 · cites it 3× “§ 1321 (o ), 9 and oil pollution (Oil Pollution Act (“OPA”)), 33 U.S.C. § 2718 (c), and preserve some state remedies.”

In Re Oil Spill by the Oil Rig \Deepwater Horizon\"" (2011) laed · cites it 2× “33 U.S.C. § 2718 . These provisions evince Congress’ intent to preserve the States’ police power to govern pollution discharges within their territorial waters.”

United States v. Locke (2000) scotus “” 33 U. S. C. § 2718 . The Court of Appeals placed more weight on the saving clauses than those provisions can bear, either from a textual standpoint or from a consideration of the whole federal regulatory scheme of which OPA is but a part.”

South Port Marine, LLC v. Gulf Oil Ltd. Partnership (2000) ca1 · cites it 2× “Plaintiff emphasizes the language at 33 U.S.C. § 2718 , which states that the OPA shall not be construed as “preempting the authority of any State or political subdivision thereof from imposing any additional liability,” 33 U.”

Tug Allie-B, Inc. Ex Rel. Allie-B v. United States (2001) ca11 “§ 948 (LHWCA); 9 33 U.S.C. § 2718 (c)(OPA); 16 U.S.C. § 1443 (a)(4) (MPRSA).”

United States v. Commonwealth of Massachusetts (2006) mad · cites it 3× “See 33 U.S.C. § 2718 . 143 . See Locke, 529 U.”

In Re Bluewater Network (2000) cadc “at 505-06 (codified at 33 U.S.C. § 2718 ) (emphasis added). Relying in large part on Congress’ placement of the provision in Title I, the Supreme Court held that Congress intended these savings clauses only “to preserve state laws of a scope similar to the matters contained in…”

Mid-Valley Pipeline Co. v. Sunoco Pipeline, L.P. (2012) kyed · cites it 3× “” 33 U.S.C. § 2718 (a). S.J. Louis concedes that the OPA does not expressly preempt state law causes of action.”

Save Our Illinois Land v. Illinois Commerce Comm'n (2022) illappct “” 33 U.S.C. § 2718 (a)(1) (2018). Again, the principle is that states are not preempted from taking corrective action after an oil discharge.”

In Re Ballard Shipping Company, Etc. v. Beach Shellfish (1994) ca1 “33 U.S.C. § 2718 (a). The statute contains another substantial piece of evidence that Congress means to allow recovery of economic losses from injury to natural resources even though the claimant’s own property was not damaged.”

BP America Inc. v. Chustz (2014) lamd · cites it 8× “§§ 2718 (a) and (c) Next, the defendants argue that 33 U.S.C. §§ 2718 (a) and (e) apply to “save” the State’s actions from impossibility preemption.”

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