U.S. Code » Title 33 » Chapter CHAPTER 40— OIL POLLUTION › Subchapter SUBCHAPTER III— MISCELLANEOUS

33 U.S.C. § 2751

Savings provision

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(a) Cross-references

A reference to a law replaced by this Act, including a reference in a regulation, order, or other law, is deemed to refer to the corresponding provision of this Act.

(b) Continuation of regulations

An order, rule, or regulation in effect under a law replaced by this Act continues in effect under the corresponding provision of this Act until repealed, amended, or superseded.

(c) Rule of construction

An inference of legislative construction shall not be drawn by reason of the caption or catch line of a provision enacted by this Act.

(d) Actions and rights

Nothing in this Act shall apply to any rights and duties that matured, penalties that were incurred, and proceedings that were begun before August 18, 1990, except as provided by this section, and shall be adjudicated pursuant to the law applicable on the date prior to August 18, 1990.

(e) Admiralty and maritime lawExcept as otherwise provided in this Act, this Act does not affect—(1) admiralty and maritime law; or(2) the jurisdiction of the district courts of the United States with respect to civil actions under admiralty and maritime jurisdiction, saving to suitors in all cases all other remedies to which they are otherwise entitled.(Pub. L. 101–380, title VI, § 6001, Aug. 18, 1990, 104 Stat. 554.)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 17 cases (5 in the last 5 years), 1996–2023 · leading case: Savage Servs. Corp. v. United States, 25 F.4th 925 (11th Cir. 2022).
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Savage Servs. Corp. v. United States, 25 F.4th 925 (11th Cir. 2022). · cites it 2× “” 33 U.S.C. § 2751 (e). Relying on dicta from a district-court de- cision in Louisiana, Savage contends that, through the OPA’s sav- ings clause, Congress intended to “preserve[] existing maritime law except where OPA contains a specific provision to the contrary.”
Ironshore Specialty Ins. Co. v. United States, 871 F.3d 131 (1st Cir. 2017). “” 33 U.S.C. § 2751 (e). Hence, because public vessels lie outside the sweep of OPA liability, any preexisting admiralty and maritime law that applied to public vessels before the OPA’s passage survives its en-' actment.”
United States v. Am. Com. Lines, L.L.C, 759 F.3d 420 (5th Cir. 2014). · cites it 2× “Contrary to ACL’s assertion, OPA’s savings clause at 33 U.S.C. § 2751 (e) does not apply. OPA’s savings clause provides: Except as otherwise provided in this Act, this Act does not affect— (1) admiralty and maritime law; or (2) the jurisdiction of the district courts of the…”
Settoon Towing, L.L.C. v. Marquette Transp. Co., 859 F.3d 340 (5th Cir. 2017). “” 33 U.S.C. § 2751 (e) (emphasis added). The emphasized language shows that the admiralty claims that are preserved are those that are not addressed in the OPA.”
Tanguis v. M/v Westchester, 153 F. Supp. 2d 859 (E.D. La. 2001). · cites it 3× “§ 2717 , and its savings provision, 33 U.S.C. § 2751 . This apparently is a question of first impression anywhere, as none of the parties have cited any authority on point, and the Court has found none.”
Gabarick v. Laurin Mar. (Am.) Inc., 623 F. Supp. 2d 741 (E.D. La. 2009). · cites it 2× “The savings provision to which Judge Clement refers is set forth in 33 U.S.C. § 2751 and states in pertinent part: (e) Admiralty and maritime law Except as otherwise provided in this Act, this Act does not affect— (1) admiralty and maritime law; or (2) the jurisdiction of the…”
Nat'l Shipping Co. v. Moran Mid-Atl. Corp., 924 F. Supp. 1436 (E.D. Va. 1996). · cites it 2× “Because OPA provides a comprehensive scheme for the recovery of oil spill cleanup costs and the compensation of those injured by oil spills, the general maritime law does not apply to recovery of these types of damages.”
In Re Oil Spill by the Oil Rig \Deepwater Horizon\"", 808 F. Supp. 2d 943 (E.D. La. 2011). “” 33 U.S.C. § 2751 (e). 11 . Although minority interest lessees, Anadarko and MOEX contest their status as Responsible Parties.”
South Port Marine, LLC v. Gulf Oil Ltd. P'ship, 234 F.3d 58 (1st Cir. 2000). “Plaintiff also points to 33 U.S.C. § 2751 , which states that “[ejxcept as otherwise provided in this chapter, this chapter does not affect .”
Int'l Ass'n of Indep. Tanker Owners v. Locke, 148 F.3d 1053 (9th Cir. 1998). “§ 2701 , et seq. .Intertanko also points out that Title I of OPA 90 is labeled "Liability and Compensation.”
South Port Marine, LLC v. Gulf Oil Ltd. P'ship, 56 F. Supp. 2d 104 (D. Me. 1999). “The "saving-to-suitors” clause in the Oil Pollution Act, 33 U.S.C. § 2751 (e) ("saving to suitors in all cases all other remedies to which they are otherwise entitled”), does not affect my decision.”
Puerto Rico v. M/V Emily S., 132 F.3d 818 (1st Cir. 1997). “See 33 U.S.C. § 2751 (e) (“[e]xcept as otherwise provided in this chapter, this chapter does not affect .”
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