---
kind: "section"
citation: "33 U.S.C. § 2708"
title: "33"
title_heading: "Navigation and Navigable Waters"
number: "2708"
heading: "Recovery by responsible party"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/33/2708"
units:
  - "Chapter 40 — Oil Pollution"
  - "Subchapter I — Oil Pollution Liability and Compensation"
---

# §2708. Recovery by responsible party

- (a) **In general—** The [responsible party](/usc/33/2701.md?p=32) for a [vessel](/usc/33/2701.md?p=37) or [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), may assert a [claim](/usc/33/2701.md?p=3) for [removal costs](/usc/33/2701.md?p=31) and [damages](/usc/33/2701.md?p=5) under [section 2713 of this title](/usc/33/2713.md) only if the [responsible party](/usc/33/2701.md?p=32) demonstrates that—
  - (1) the [responsible party](/usc/33/2701.md?p=32) is entitled to a defense to liability under [section 2703 of this title](/usc/33/2703.md); or
  - (2) the [responsible party](/usc/33/2701.md?p=32) is entitled to a limitation of liability under [section 2704 of this title](/usc/33/2704.md).
- (b) **Extent of recovery—** A [responsible party](/usc/33/2701.md?p=32) who is entitled to a limitation of liability may assert a [claim](/usc/33/2701.md?p=3) under [section 2713 of this title](/usc/33/2713.md) only to the extent that the sum of the [removal costs](/usc/33/2701.md?p=31) and [damages](/usc/33/2701.md?p=5) incurred by the [responsible party](/usc/33/2701.md?p=32) plus the amounts paid by the [responsible party](/usc/33/2701.md?p=32), or by the [guarantor](/usc/33/2701.md?p=13) on behalf of the [responsible party](/usc/33/2701.md?p=32), for [claims](/usc/33/2701.md?p=3) asserted under [section 2713 of this title](/usc/33/2713.md) exceeds the amount to which the total of the liability under [section 2702 of this title](/usc/33/2702.md) and [removal costs](/usc/33/2701.md?p=31) and [damages](/usc/33/2701.md?p=5) incurred by, or on behalf of, the [responsible party](/usc/33/2701.md?p=32) is limited under [section 2704 of this title](/usc/33/2704.md).

## Source credit

(Pub. L. 101–380, title I, § 1008, Aug. 18, 1990, 104 Stat. 497.)