---
kind: "section"
citation: "33 U.S.C. § 2703"
title: "33"
title_heading: "Navigation and Navigable Waters"
number: "2703"
heading: "Defenses to liability"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/33/2703"
units:
  - "Chapter 40 — Oil Pollution"
  - "Subchapter I — Oil Pollution Liability and Compensation"
---

# §2703. Defenses to liability

- (a) **Complete defenses—** A [responsible party](/usc/33/2701.md?p=32) is not liable for [removal costs](/usc/33/2701.md?p=31) or [damages](/usc/33/2701.md?p=5) under [section 2702 of this title](/usc/33/2702.md) if the [responsible party](/usc/33/2701.md?p=32) establishes, by a preponderance of the evidence, that the [discharge](/usc/33/2701.md?p=7) or substantial threat of a [discharge](/usc/33/2701.md?p=7) of [oil](/usc/33/2701.md?p=23) and the resulting [damages](/usc/33/2701.md?p=5) or [removal costs](/usc/33/2701.md?p=31) were caused solely by—
  - (1) an [act of God](/usc/33/2701.md?p=1);
  - (2) an act of war;
  - (3) an act or omission of a third party, other than an employee or agent of the [responsible party](/usc/33/2701.md?p=32) or a third party whose act or omission occurs in connection with any contractual relationship with the [responsible party](/usc/33/2701.md?p=32) (except where the sole contractual arrangement arises in connection with carriage by a common carrier by rail), if the [responsible party](/usc/33/2701.md?p=32) establishes, by a preponderance of the evidence, that the [responsible party](/usc/33/2701.md?p=32)—
    - (A) exercised due care with respect to the [oil](/usc/33/2701.md?p=23) concerned, taking into consideration the characteristics of the [oil](/usc/33/2701.md?p=23) and in light of all relevant facts and circumstances; and
    - (B) took precautions against foreseeable acts or omissions of any such third party and the foreseeable consequences of those acts or omissions; or
  - (4) any combination of paragraphs [(1)](#a-1), [(2)](#a-2), and [(3)](#a-3).
- (b) **Defenses as to particular claimants—** A [responsible party](/usc/33/2701.md?p=32) is not liable under [section 2702 of this title](/usc/33/2702.md) to a [claimant](/usc/33/2701.md?p=4), to the extent that the [incident](/usc/33/2701.md?p=14) is caused by the gross negligence or willful misconduct of the [claimant](/usc/33/2701.md?p=4).
- (c) **Limitation on complete defense—** [Subsection (a)](#a) does not apply with respect to a [responsible party](/usc/33/2701.md?p=32) who fails or refuses—
  - (1) to report the [incident](/usc/33/2701.md?p=14) as required by law if the [responsible party](/usc/33/2701.md?p=32) knows or has reason to know of the [incident](/usc/33/2701.md?p=14);
  - (2) to provide all reasonable cooperation and assistance requested by a responsible official in connection with removal activities; or
  - (3) without sufficient cause, to comply with an order issued under subsection (c) or (e) of [section 1321 of this title](/usc/33/1321.md) or the Intervention on the High Seas Act ([33 U.S.C. 1471](/usc/33/1471.md) et seq.).
- (d) **Definition of contractual relationship—**
  - (1) **In general—** For purposes of [subsection (a)(3)](#a-3) the term “contractual relationship” includes, but is not limited to, land contracts, deeds, easements, leases, or other instruments transferring title or possession, unless—
    - (A) the real property on which the [facility](/usc/33/2701.md?p=9) concerned is located was acquired by the [responsible party](/usc/33/2701.md?p=32) after the placement of the [oil](/usc/33/2701.md?p=23) on, in, or at the real property on which the [facility](/usc/33/2701.md?p=9) concerned is located;
    - (B) one or more of the circumstances described in subparagraph [(A)](#d-2-A), [(B)](#d-2-B), or [(C)](#d-2-C) of paragraph (2) is established by the [responsible party](/usc/33/2701.md?p=32) by a preponderance of the evidence; and
    - (C) the [responsible party](/usc/33/2701.md?p=32) complies with [paragraph (3)](#d-3).
  - (2) **Required circumstance—** The circumstances referred to in [paragraph (1)(B)](#d-1-B) are the following:
    - (A) At the time the [responsible party](/usc/33/2701.md?p=32) acquired the real property on which the [facility](/usc/33/2701.md?p=9) is located the [responsible party](/usc/33/2701.md?p=32) did not know and had no reason to know that [oil](/usc/33/2701.md?p=23) that is the subject of the [discharge](/usc/33/2701.md?p=7) or substantial threat of [discharge](/usc/33/2701.md?p=7) was located on, in, or at the [facility](/usc/33/2701.md?p=9).
    - (B) The [responsible party](/usc/33/2701.md?p=32) is a government entity that acquired the [facility](/usc/33/2701.md?p=9)—
      - (i) by escheat;
      - (ii) through any other involuntary transfer or acquisition; or
      - (iii) through the exercise of eminent domain authority by purchase or condemnation.
    - (C) The [responsible party](/usc/33/2701.md?p=32) acquired the [facility](/usc/33/2701.md?p=9) by inheritance or bequest.
  - (3) **Additional requirements—** For purposes of [paragraph (1)(C)](#d-1-C), the [responsible party](/usc/33/2701.md?p=32) must establish by a preponderance of the evidence that the [responsible party](/usc/33/2701.md?p=32)—
    - (A) has satisfied the requirements of subsection [(a)(3)(A)](#a-3-A) and (B);
    - (B) has provided full cooperation, assistance, and [facility](/usc/33/2701.md?p=9) access to the [persons](/usc/33/2701.md?p=27) that are authorized to conduct removal actions, including the cooperation and access necessary for the installation, integrity, operation, and maintenance of any complete or partial removal action;
    - (C) is in compliance with any land use restrictions established or relied on in connection with the removal action; and
    - (D) has not impeded the effectiveness or integrity of any institutional control employed in connection with the removal action.
  - (4) **Reason to know—**
    - (A) **Appropriate inquiries—** To establish that the [responsible party](/usc/33/2701.md?p=32) had no reason to know of the matter described in [paragraph (2)(A)](#d-2-A), the [responsible party](/usc/33/2701.md?p=32) must demonstrate to a court that—
      - (i) on or before the date on which the [responsible party](/usc/33/2701.md?p=32) acquired the real property on which the [facility](/usc/33/2701.md?p=9) is located, the [responsible party](/usc/33/2701.md?p=32) carried out all appropriate inquiries, as provided in subparagraphs [(B)](#d-4-B) and [(D)](#d-4-D), into the previous ownership and uses of the real property on which the [facility](/usc/33/2701.md?p=9) is located in accordance with generally accepted good commercial and customary standards and practices; and
      - (ii) the [responsible party](/usc/33/2701.md?p=32) took reasonable steps to—
        - (I) stop any continuing [discharge](/usc/33/2701.md?p=7);
        - (II) prevent any substantial threat of [discharge](/usc/33/2701.md?p=7); and
        - (III) prevent or limit any human, environmental, or natural resource exposure to any previously discharged [oil](/usc/33/2701.md?p=23).
    - (B) **Regulations establishing standards and practices—** Not later than 2 years after August 9, 2004, the [Secretary](/usc/33/2701.md?p=33), in consultation with the Administrator of the Environmental Protection Agency, shall by regulation establish standards and practices for the purpose of satisfying the requirement to carry out all appropriate inquiries under [subparagraph (A)](#d-4-A).
    - (C) **Criteria—** In promulgating regulations that establish the standards and practices referred to in [subparagraph (B)](#d-4-B), the [Secretary](/usc/33/2701.md?p=33) shall include in such standards and practices provisions regarding each of the following:
      - (i) The results of an inquiry by an environmental professional.
      - (ii) Interviews with past and present owners, operators, and occupants of the [facility](/usc/33/2701.md?p=9) and the real property on which the [facility](/usc/33/2701.md?p=9) is located for the purpose of gathering information regarding the potential for [oil](/usc/33/2701.md?p=23) at the [facility](/usc/33/2701.md?p=9) and on the real property on which the [facility](/usc/33/2701.md?p=9) is located.
      - (iii) Reviews of historical sources, such as chain of title documents, aerial photographs, building department records, and land use records, to determine previous uses and occupancies of the real property on which the [facility](/usc/33/2701.md?p=9) is located since the property was first developed.
      - (iv) Searches for recorded environmental cleanup liens against the [facility](/usc/33/2701.md?p=9) and the real property on which the [facility](/usc/33/2701.md?p=9) is located that are filed under Federal, State, or local law.
      - (v) Reviews of Federal, State, and local government records, waste disposal records, underground storage tank records, and waste handling, generation, treatment, disposal, and spill records, concerning [oil](/usc/33/2701.md?p=23) at or near the [facility](/usc/33/2701.md?p=9) and on the real property on which the [facility](/usc/33/2701.md?p=9) is located.
      - (vi) Visual inspections of the [facility](/usc/33/2701.md?p=9), the real property on which the [facility](/usc/33/2701.md?p=9) is located, and adjoining properties.
      - (vii) Specialized knowledge or experience on the part of the [responsible party](/usc/33/2701.md?p=32).
      - (viii) The relationship of the purchase price to the value of the [facility](/usc/33/2701.md?p=9) and the real property on which the [facility](/usc/33/2701.md?p=9) is located, if [oil](/usc/33/2701.md?p=23) was not at the [facility](/usc/33/2701.md?p=9) or on the real property.
      - (ix) Commonly known or reasonably ascertainable information about the [facility](/usc/33/2701.md?p=9) and the real property on which the [facility](/usc/33/2701.md?p=9) is located.
      - (x) The degree of obviousness of the presence or likely presence of [oil](/usc/33/2701.md?p=23) at the [facility](/usc/33/2701.md?p=9) and on the real property on which the [facility](/usc/33/2701.md?p=9) is located, and the ability to detect the [oil](/usc/33/2701.md?p=23) by appropriate investigation.
    - (D) **Interim standards and practices—**
      - (i) **Real property purchased before May 31, 1997—** With respect to real property purchased before May 31, 1997, in making a determination with respect to a [responsible party](/usc/33/2701.md?p=32) described in [subparagraph (A)](#d-4-A), a court shall take into account—
        - (I) any specialized knowledge or experience on the part of the [responsible party](/usc/33/2701.md?p=32);
        - (II) the relationship of the purchase price to the value of the [facility](/usc/33/2701.md?p=9) and the real property on which the [facility](/usc/33/2701.md?p=9) is located, if the [oil](/usc/33/2701.md?p=23) was not at the [facility](/usc/33/2701.md?p=9) or on the real property;
        - (III) commonly known or reasonably ascertainable information about the [facility](/usc/33/2701.md?p=9) and the real property on which the [facility](/usc/33/2701.md?p=9) is located;
        - (IV) the obviousness of the presence or likely presence of [oil](/usc/33/2701.md?p=23) at the [facility](/usc/33/2701.md?p=9) and on the real property on which the [facility](/usc/33/2701.md?p=9) is located; and
        - (V) the ability of the [responsible party](/usc/33/2701.md?p=32) to detect [oil](/usc/33/2701.md?p=23) by appropriate inspection.
      - (ii) **Real property purchased on or after May 31, 1997—** With respect to real property purchased on or after May 31, 1997, until the [Secretary](/usc/33/2701.md?p=33) promulgates the regulations described in [clause (ii)](#d-4-D-ii), the procedures of the American Society for Testing and Materials, including the document known as “Standard E1527–97”, entitled “Standard Practice for Environmental Site Assessment: Phase I Environmental Site Assessment Process”, shall satisfy the requirements in [subparagraph (A)](#d-4-A).
    - (E) **Site inspection and title search—** In the case of real property for residential use or other similar use purchased by a nongovernmental or noncommercial entity, inspection and title search of the [facility](/usc/33/2701.md?p=9) and the real property on which the [facility](/usc/33/2701.md?p=9) is located that reveal no basis for further investigation shall be considered to satisfy the requirements of this paragraph.
  - (5) **Previous owner or operator—** Nothing in this paragraph or in [subsection (a)(3)](#a-3) shall diminish the liability of any previous owner or operator of such [facility](/usc/33/2701.md?p=9) who would otherwise be liable under this Act. Notwithstanding this paragraph, if a [responsible party](/usc/33/2701.md?p=32) obtained actual knowledge of the [discharge](/usc/33/2701.md?p=7) or substantial threat of [discharge](/usc/33/2701.md?p=7) of [oil](/usc/33/2701.md?p=23) at such [facility](/usc/33/2701.md?p=9) when the [responsible party](/usc/33/2701.md?p=32) owned the [facility](/usc/33/2701.md?p=9) and then subsequently transferred ownership of the [facility](/usc/33/2701.md?p=9) or the real property on which the [facility](/usc/33/2701.md?p=9) is located to another [person](/usc/33/2701.md?p=27) without disclosing such knowledge, the [responsible party](/usc/33/2701.md?p=32) shall be treated as liable under [section 2702(a) of this title](/usc/33/2702.md?p=a) and no defense under [subsection (a)](#a) shall be available to such [responsible party](/usc/33/2701.md?p=32).
  - (6) **Limitation on defense—** Nothing in this subsection shall affect the liability under this Act of a [responsible party](/usc/33/2701.md?p=32) who, by any act or omission, caused or contributed to the [discharge](/usc/33/2701.md?p=7) or substantial threat of [discharge](/usc/33/2701.md?p=7) of [oil](/usc/33/2701.md?p=23) which is the subject of the action relating to the [facility](/usc/33/2701.md?p=9).

## Source credit

(Pub. L. 101–380, title I, § 1003, Aug. 18, 1990, 104 Stat. 491; Pub. L. 108–293, title VII, § 703(c), Aug. 9, 2004, 118 Stat. 1072; Pub. L. 115–232, div. C, title XXXV, § 3547(b), Aug. 13, 2018, 132 Stat. 2328; Pub. L. 119–60, div. G, title LXXVII, § 7701(g)(2), Dec. 18, 2025, 139 Stat. 1836.)

## Notes

### Editorial Notes

### References in Text

The Intervention on the High Seas Act, referred to in subsec. (c)(3), 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.

This Act, referred to in subsec. (d)(5), (6), 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.

### Amendments

2025—Subsec. (d)(6). Pub. L. 119–60 substituted “this subsection” for “this paragraph”.

2018—Subsec. (d)(5). Pub. L. 115–232 inserted “section” before “2702(a)”.

2004—Subsec. (d). Pub. L. 108–293 added subsec. (d).