33 USC 2717 - Litigation, jurisdiction, and venue

U.S Code last checked for updates: May 05, 2024

§ 2717.

Litigation, jurisdiction, and venue

(a)

Review of regulations

(b)

Jurisdiction

(c)

State court jurisdiction

(d)

Assessment and collection of tax

(e)

Savings provision

(f)

Period of limitations

(1)

Damages

Except 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

(3)

Contribution

No 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

(5)

Commencement

The 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.

(Pub. L. 101–380, title I, § 1017, Aug. 18, 1990, 104 Stat. 504.)

cite as: 33 USC 2717