33 U.S.C. § 2717 : US Code - Section 2717: Litigation, jurisdiction, and venue

Search 33 U.S.C. § 2717 : US Code - Section 2717: Litigation, jurisdiction, and venue

(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) of this section,
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.
(c) State court jurisdiction
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) of this section
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) 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
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) 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
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) 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.