---
kind: "section"
citation: "33 U.S.C. § 2702"
title: "33"
title_heading: "Navigation and Navigable Waters"
number: "2702"
heading: "Elements of liability"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/33/2702"
units:
  - "Chapter 40 — Oil Pollution"
  - "Subchapter I — Oil Pollution Liability and Compensation"
---

# §2702. Elements of liability

- (a) **In general—** Notwithstanding any other provision or rule of law, and subject to the provisions of this Act, each [responsible party](/usc/33/2701.md?p=32) for a [vessel](/usc/33/2701.md?p=37) or a [facility](/usc/33/2701.md?p=9) from which [oil](/usc/33/2701.md?p=23) is discharged, or which poses the substantial threat of a [discharge](/usc/33/2701.md?p=7) of [oil](/usc/33/2701.md?p=23), into or upon the [navigable waters](/usc/33/2701.md?p=21) or adjoining shorelines or the [exclusive economic zone](/usc/33/2701.md?p=8) is liable for the [removal costs](/usc/33/2701.md?p=31) and [damages](/usc/33/2701.md?p=5) specified in [subsection (b)](#b) that result from such [incident](/usc/33/2701.md?p=14).
- (b) **Covered removal costs and damages—**
  - (1) **Removal costs—** The [removal costs](/usc/33/2701.md?p=31) referred to in [subsection (a)](#a) are—
    - (A) all [removal costs](/usc/33/2701.md?p=31) incurred by the United States, a State, or an [Indian tribe](/usc/33/2701.md?p=15) under subsection (c), (d), (e), or (l) of [section 1321 of this title](/usc/33/1321.md), under the Intervention on the High Seas Act ([33 U.S.C. 1471](/usc/33/1471.md) et seq.), or under State law; and
    - (B) any [removal costs](/usc/33/2701.md?p=31) incurred by any [person](/usc/33/2701.md?p=27) for acts taken by the [person](/usc/33/2701.md?p=27) which are consistent with the [National Contingency Plan](/usc/33/2701.md?p=19).
  - (2) **Damages—** The [damages](/usc/33/2701.md?p=5) referred to in [subsection (a)](#a) are the following:
    - (A) **Natural resources—** [Damages](/usc/33/2701.md?p=5) for injury to, destruction of, loss of, or loss of use of, [natural resources](/usc/33/2701.md?p=20), including the reasonable costs of assessing the damage, which shall be recoverable by a United States trustee, a State trustee, an [Indian tribe](/usc/33/2701.md?p=15) trustee, or a foreign trustee.
    - (B) **Real or personal property—** [Damages](/usc/33/2701.md?p=5) for injury to, or economic losses resulting from destruction of, real or personal property, which shall be recoverable by a [claimant](/usc/33/2701.md?p=4) who owns or leases that property.
    - (C) **Subsistence use—** [Damages](/usc/33/2701.md?p=5) for loss of subsistence use of [natural resources](/usc/33/2701.md?p=20), which shall be recoverable by any [claimant](/usc/33/2701.md?p=4) who so uses [natural resources](/usc/33/2701.md?p=20) which have been injured, destroyed, or lost, without regard to the ownership or management of the resources.
    - (D) **Revenues—** [Damages](/usc/33/2701.md?p=5) equal to the net loss of taxes, royalties, rents, fees, or net profit shares due to the injury, destruction, or loss of real property, personal property, or [natural resources](/usc/33/2701.md?p=20), which shall be recoverable by the Government of the United States, a State, or a political subdivision thereof.
    - (E) **Profits and earning capacity—** [Damages](/usc/33/2701.md?p=5) equal to the loss of profits or impairment of earning capacity due to the injury, destruction, or loss of real property, personal property, or [natural resources](/usc/33/2701.md?p=20), which shall be recoverable by any [claimant](/usc/33/2701.md?p=4).
    - (F) **Public services—** [Damages](/usc/33/2701.md?p=5) for net costs of providing increased or additional public services during or after removal activities, including protection from fire, safety, or health hazards, caused by a [discharge](/usc/33/2701.md?p=7) of [oil](/usc/33/2701.md?p=23), which shall be recoverable by a State, or a political subdivision of a State.
- (c) **Excluded discharges—** This subchapter does not apply to any [discharge](/usc/33/2701.md?p=7)—
  - (1) permitted by a permit issued under Federal, State, or local law;
  - (2) from a [public vessel](/usc/33/2701.md?p=29); or
  - (3) from an [onshore facility](/usc/33/2701.md?p=24) which is subject to the Trans-Alaska Pipeline Authorization Act ([43 U.S.C. 1651](/usc/43/1651.md) et seq.).
- (d) **Liability of third parties—**
  - (1) **In general—**
    - (A) **Third party treated as responsible party—** Except as provided in [subparagraph (B)](#d-1-B), in any case in which a [responsible party](/usc/33/2701.md?p=32) establishes that a [discharge](/usc/33/2701.md?p=7) or threat of a [discharge](/usc/33/2701.md?p=7) and the resulting [removal costs](/usc/33/2701.md?p=31) and [damages](/usc/33/2701.md?p=5) were caused solely by an act or omission of one or more third parties described in [section 2703(a)(3) of this title](/usc/33/2703.md?p=a-3) (or solely by such an act or omission in combination with an [act of God](/usc/33/2701.md?p=1) or an act of war), the third party or parties shall be treated as the [responsible party](/usc/33/2701.md?p=32) or parties for purposes of determining liability under this subchapter.
    - (B) **Subrogation of responsible party—** If the [responsible party](/usc/33/2701.md?p=32) alleges that the [discharge](/usc/33/2701.md?p=7) or threat of a [discharge](/usc/33/2701.md?p=7) was caused solely by an act or omission of a third party, the [responsible party](/usc/33/2701.md?p=32)—
      - (i) in accordance with [section 2713 of this title](/usc/33/2713.md), shall pay [removal costs](/usc/33/2701.md?p=31) and [damages](/usc/33/2701.md?p=5) to any [claimant](/usc/33/2701.md?p=4); and
      - (ii) shall be entitled by subrogation to all rights of the United States Government and the [claimant](/usc/33/2701.md?p=4) to recover [removal costs](/usc/33/2701.md?p=31) or [damages](/usc/33/2701.md?p=5) from the third party or the [Fund](/usc/33/2701.md?p=11) paid under this subsection.
  - (2) **Limitation applied—**
    - (A) **Owner or operator of vessel or facility—** If the act or omission of a third party that causes an [incident](/usc/33/2701.md?p=14) occurs in connection with a [vessel](/usc/33/2701.md?p=37) or [facility](/usc/33/2701.md?p=9) owned or operated by the third party, the liability of the third party shall be subject to the limits provided in [section 2704 of this title](/usc/33/2704.md) as applied with respect to the [vessel](/usc/33/2701.md?p=37) or [facility](/usc/33/2701.md?p=9).
    - (B) **Other cases—** In any other case, the liability of a third party or parties shall not exceed the limitation which would have been applicable to the [responsible party](/usc/33/2701.md?p=32) of the [vessel](/usc/33/2701.md?p=37) or [facility](/usc/33/2701.md?p=9) from which the [discharge](/usc/33/2701.md?p=7) actually occurred if the [responsible party](/usc/33/2701.md?p=32) were liable.

## Source credit

(Pub. L. 101–380, title I, § 1002, Aug. 18, 1990, 104 Stat. 489.)

## Notes

### Editorial Notes

### References in Text

This Act, referred to in subsec. (a), 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.

The Intervention on the High Seas Act, referred to in subsec. (b)(1)(A), is Pub. L. 93–248, Feb. 5, 1974, 88 Stat. 8, which is classified generally to chapter 28 (§ 1471 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1471 of this title and Tables.

The Trans-Alaska Pipeline Authorization Act, referred to in subsec. (c)(3), is title II of Pub. L. 93–153, Nov. 16, 1973, 87 Stat. 584, which is classified generally to chapter 34 (§ 1651 et seq.) of Title 43, Public Lands. For complete classification of this Act to the Code, see Short Title note set out under section 1651 of Title 43 and Tables.