---
kind: "section"
citation: "42 U.S.C. § 9613"
title: "42"
title_heading: "The Public Health and Welfare"
number: "9613"
heading: "Civil proceedings"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/9613"
units:
  - "Chapter 103 — Comprehensive Environmental Response, Compensation, and Liability"
  - "Subchapter I — Hazardous Substances Releases, Liability, Compensation"
---

# §9613. Civil proceedings

- (a) **Review of regulations in Circuit Court of Appeals of the United States for the District of Columbia—** Review of any regulation promulgated under this chapter may be had upon application by any interested [person](/usc/42/9601.md?p=21) only in the Circuit Court of Appeals of the [United States](/usc/42/9601.md?p=27) for the District of Columbia. Any such application shall be made within ninety 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](/usc/42/9601.md?p=6) or recovery of [response](/usc/42/9601.md?p=25) costs.
- (b) **Jurisdiction; venue—** Except as provided in subsections [(a)](#a) and [(h)](#h) of this section, the [United States](/usc/42/9601.md?p=27) district courts shall have exclusive original jurisdiction over all controversies arising under this chapter, without regard to the citizenship of the parties or the amount in controversy. Venue shall lie in any district in which the [release](/usc/42/9601.md?p=22) or [damages](/usc/42/9601.md?p=6) occurred, or in which the defendant resides, may be found, or has his principal office. For the purposes of this section, the [Fund](/usc/42/9601.md?p=11) shall reside in the District of Columbia.
- (c) **Controversies or other matters resulting from tax collection or tax regulation review—** The provisions of subsections [(a)](#a) and [(b)](#b) of this section shall not apply to any controversy or other matter resulting from the assessment of collection of any tax, as provided by subchapter II[^1] of this chapter, or to the review of any regulation promulgated under title 26.
- (d) **Litigation commenced prior to December 11, 1980—** No provision of this chapter shall be deemed or held to moot any litigation concerning any [release](/usc/42/9601.md?p=22) of any [hazardous substance](/usc/42/9601.md?p=14), or any [damages](/usc/42/9601.md?p=6) associated therewith, commenced prior to December 11, 1980.
- (e) **Nationwide service of process—** In any action by the [United States](/usc/42/9601.md?p=27) under this chapter, process may be served in any district where the defendant is found, resides, transacts business, or has appointed an agent for the service of process.
- (f) **Contribution—**
  - (1) **Contribution—** Any [person](/usc/42/9601.md?p=21) may seek contribution from any other [person](/usc/42/9601.md?p=21) who is [liable](/usc/42/9601.md?p=32) or potentially [liable](/usc/42/9601.md?p=32) under [section 9607(a) of this title](/usc/42/9607.md?p=a), during or following any civil action under [section 9606 of this title](/usc/42/9606.md) or under [section 9607(a) of this title](/usc/42/9607.md?p=a). Such [claims](/usc/42/9601.md?p=4) shall be brought in accordance with this section and the Federal Rules of Civil Procedure, and shall be governed by Federal law. In resolving contribution [claims](/usc/42/9601.md?p=4), the court may allocate [response](/usc/42/9601.md?p=25) costs among [liable](/usc/42/9601.md?p=32) parties using such equitable factors as the court determines are appropriate. Nothing in this subsection shall diminish the right of any [person](/usc/42/9601.md?p=21) to bring an action for contribution in the absence of a civil action under [section 9606 of this title](/usc/42/9606.md) or [section 9607 of this title](/usc/42/9607.md).
  - (2) **Settlement—** A [person](/usc/42/9601.md?p=21) who has resolved its [liability](/usc/42/9601.md?p=32) to the [United States](/usc/42/9601.md?p=27) or a [State](/usc/42/9601.md?p=27) in an administrative or judicially approved settlement shall not be [liable](/usc/42/9601.md?p=32) for [claims](/usc/42/9601.md?p=4) for contribution regarding matters addressed in the settlement. Such settlement does not discharge any of the other potentially [liable](/usc/42/9601.md?p=32) [persons](/usc/42/9601.md?p=21) unless its terms so provide, but it reduces the potential [liability](/usc/42/9601.md?p=32) of the others by the amount of the settlement.
  - (3) **Persons not party to settlement—**
    - (A) If the [United States](/usc/42/9601.md?p=27) or a [State](/usc/42/9601.md?p=27) has obtained less than complete relief from a [person](/usc/42/9601.md?p=21) who has resolved its [liability](/usc/42/9601.md?p=32) to the [United States](/usc/42/9601.md?p=27) or the [State](/usc/42/9601.md?p=27) in an administrative or judicially approved settlement, the [United States](/usc/42/9601.md?p=27) or the [State](/usc/42/9601.md?p=27) may bring an action against any [person](/usc/42/9601.md?p=21) who has not so resolved its [liability](/usc/42/9601.md?p=32).
    - (B) A [person](/usc/42/9601.md?p=21) who has resolved its [liability](/usc/42/9601.md?p=32) to the [United States](/usc/42/9601.md?p=27) or a [State](/usc/42/9601.md?p=27) for some or all of a [response](/usc/42/9601.md?p=25) action or for some or all of the costs of such action in an administrative or judicially approved settlement may seek contribution from any [person](/usc/42/9601.md?p=21) who is not party to a settlement referred to in [paragraph (2)](#f-2).
    - (C) In any action under this paragraph, the rights of any [person](/usc/42/9601.md?p=21) who has resolved its [liability](/usc/42/9601.md?p=32) to the [United States](/usc/42/9601.md?p=27) or a [State](/usc/42/9601.md?p=27) shall be subordinate to the rights of the [United States](/usc/42/9601.md?p=27) or the [State](/usc/42/9601.md?p=27). Any contribution action brought under this paragraph shall be governed by Federal law.
- (g) **Period in which action may be brought—**
  - (1) **Actions for natural resource damages—** Except as provided in paragraphs [(3)](#g-3) and [(4)](#g-4), no action may be commenced for [damages](/usc/42/9601.md?p=6) (as defined in [section 9601(6) of this title](/usc/42/9601.md?p=6)) under this chapter, unless that action is commenced within 3 years after the later of the following:
    - (A) The date of the discovery of the loss and its connection with the [release](/usc/42/9601.md?p=22) in question.
    - (B) The date on which regulations are promulgated under [section 9651(c) of this title](/usc/42/9651.md?p=c).

    With respect to any [facility](/usc/42/9601.md?p=9) listed on the National Priorities List (NPL), any [Federal facility](/usc/42/17061.md?p=8) identified under [section 9620 of this title](/usc/42/9620.md) (relating to [Federal facilities](/usc/42/17061.md?p=8)), or any [vessel](/usc/42/9601.md?p=28) or [facility](/usc/42/9601.md?p=9) at which a [remedial action](/usc/42/9601.md?p=24) under this chapter is otherwise scheduled, an action for [damages](/usc/42/9601.md?p=6) under this chapter must be commenced within 3 years after the completion of the [remedial action](/usc/42/9601.md?p=24) (excluding operation and maintenance activities) in lieu of the dates referred to in subparagraph [(A)](#g-1-A) or [(B)](#g-1-B). In no event may an action for [damages](/usc/42/9601.md?p=6) under this chapter with respect to such a [vessel](/usc/42/9601.md?p=28) or [facility](/usc/42/9601.md?p=9) be commenced (i) prior to 60 days after the Federal or [State](/usc/42/9601.md?p=27) natural resource trustee provides to the President and the potentially responsible party a notice of intent to file suit, or (ii) before selection of the [remedial action](/usc/42/9601.md?p=24) if the President is diligently proceeding with a remedial investigation and feasibility study under [section 9604(b) of this title](/usc/42/9604.md?p=b) or [section 9620 of this title](/usc/42/9620.md) (relating to [Federal facilities](/usc/42/17061.md?p=8)). The limitation in the preceding sentence on commencing an action before giving notice or before selection of the [remedial action](/usc/42/9601.md?p=24) does not apply to actions filed on or before October 17, 1986.

  - (2) **Actions for recovery of costs—** An initial action for recovery of the costs referred to in [section 9607 of this title](/usc/42/9607.md) must be commenced—
    - (A) for a [removal](/usc/42/9601.md?p=23) action, within 3 years after completion of the [removal](/usc/42/9601.md?p=23) action, except that such cost recovery action must be brought within 6 years after a determination to grant a waiver under [section 9604(c)(1)(C) of this title](/usc/42/9604.md) for continued [response](/usc/42/9601.md?p=25) action; and
    - (B) for a [remedial action](/usc/42/9601.md?p=24), within 6 years after initiation of physical on-site [construction](/usc/42/300s–3.md?p=7) of the [remedial action](/usc/42/9601.md?p=24), except that, if the [remedial action](/usc/42/9601.md?p=24) is initiated within 3 years after the completion of the [removal](/usc/42/9601.md?p=23) action, costs incurred in the [removal](/usc/42/9601.md?p=23) action may be recovered in the cost recovery action brought under this subparagraph.

    In any such action described in this subsection, the court shall enter a declaratory judgment on [liability](/usc/42/9601.md?p=32) for [response](/usc/42/9601.md?p=25) costs or [damages](/usc/42/9601.md?p=6) that will be binding on any subsequent action or actions to recover further [response](/usc/42/9601.md?p=25) costs or [damages](/usc/42/9601.md?p=6). A subsequent action or actions under [section 9607 of this title](/usc/42/9607.md) for further [response](/usc/42/9601.md?p=25) costs at the [vessel](/usc/42/9601.md?p=28) or [facility](/usc/42/9601.md?p=9) may be maintained at any time during the [response](/usc/42/9601.md?p=25) action, but must be commenced no later than 3 years after the date of completion of all [response](/usc/42/9601.md?p=25) action. Except as otherwise provided in this paragraph, an action may be commenced under [section 9607 of this title](/usc/42/9607.md) for recovery of costs at any time after such costs have been incurred.

  - (3) **Contribution—** No action for contribution for any [response](/usc/42/9601.md?p=25) costs or [damages](/usc/42/9601.md?p=6) may be commenced more than 3 years after—
    - (A) the date of judgment in any action under this chapter for recovery of such costs or [damages](/usc/42/9601.md?p=6), or
    - (B) the date of an administrative order under [section 9622(g) of this title](/usc/42/9622.md?p=g) (relating to de minimis settlements) or [9622(h)](/usc/42/9622.md?p=h) of this title (relating to cost recovery settlements) or entry of a judicially approved settlement with respect to such costs or [damages](/usc/42/9601.md?p=6).
  - (4) **Subrogation—** No action based on rights subrogated pursuant to this section by reason of payment of a [claim](/usc/42/9601.md?p=4) may be commenced under this subchapter more than 3 years after the date of payment of such [claim](/usc/42/9601.md?p=4).
  - (5) **Actions to recover indemnification payments—** Notwithstanding any other provision of this subsection, where a payment pursuant to an indemnification agreement with a [response](/usc/42/9601.md?p=25) action contractor is made under [section 9619 of this title](/usc/42/9619.md), an action under [section 9607 of this title](/usc/42/9607.md) for recovery of such indemnification payment from a potentially responsible party may be brought at any time before the expiration of 3 years from the date on which such payment is made.
  - (6) **Minors and incompetents—** 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](/usc/42/9601.md?p=21) 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.
- (h) **Timing of review—** No Federal court shall have jurisdiction under Federal law other than under [section 1332 of title 28](/usc/28/1332.md) (relating to diversity of citizenship jurisdiction) or under [State](/usc/42/9601.md?p=27) law which is applicable or relevant and appropriate under [section 9621 of this title](/usc/42/9621.md) (relating to cleanup standards) to review any challenges to [removal](/usc/42/9601.md?p=23) or [remedial action](/usc/42/9601.md?p=24) selected under [section 9604 of this title](/usc/42/9604.md), or to review any order issued under [section 9606(a) of this title](/usc/42/9606.md?p=a), in any action except one of the following:
  - (1) An action under [section 9607 of this title](/usc/42/9607.md) to recover [response](/usc/42/9601.md?p=25) costs or [damages](/usc/42/9601.md?p=6) or for contribution.
  - (2) An action to enforce an order issued under [section 9606(a) of this title](/usc/42/9606.md?p=a) or to recover a penalty for [violation](/usc/42/2000e–16a.md?p=c) of such order.
  - (3) An action for reimbursement under [section 9606(b)(2) of this title](/usc/42/9606.md?p=b-2).
  - (4) An action under [section 9659 of this title](/usc/42/9659.md) (relating to citizens suits) alleging that the [removal](/usc/42/9601.md?p=23) or [remedial action](/usc/42/9601.md?p=24) taken under [section 9604 of this title](/usc/42/9604.md) or secured under [section 9606 of this title](/usc/42/9606.md) was in [violation](/usc/42/2000e–16a.md?p=c) of any requirement of this chapter. Such an action may not be brought with regard to a [removal](/usc/42/9601.md?p=23) where a [remedial action](/usc/42/9601.md?p=24) is to be undertaken at the site.
  - (5) An action under [section 9606 of this title](/usc/42/9606.md) in which the [United States](/usc/42/9601.md?p=27) has moved to compel a [remedial action](/usc/42/9601.md?p=24).
- (i) **Intervention—** In any action commenced under this chapter or under the Solid Waste Disposal Act [[42 U.S.C. 6901](/usc/42/6901.md) et seq.] in a court of the [United States](/usc/42/9601.md?p=27), any [person](/usc/42/9601.md?p=21) may intervene as a matter of right when such [person](/usc/42/9601.md?p=21) [claims](/usc/42/9601.md?p=4) an interest relating to the subject of the action and is so situated that the disposition of the action may, as a practical matter, impair or impede the [person](/usc/42/9601.md?p=21)’s ability to protect that interest, unless the President or the [State](/usc/42/9601.md?p=27) shows that the [person](/usc/42/9601.md?p=21)’s interest is adequately represented by existing parties.
- (j) **Judicial review—**
  - (1) **Limitation—** In any judicial action under this chapter, judicial review of any issues concerning the adequacy of any [response](/usc/42/9601.md?p=25) action taken or ordered by the President shall be limited to the administrative record. Otherwise applicable principles of administrative law shall govern whether any supplemental materials may be considered by the court.
  - (2) **Standard—** In considering objections raised in any judicial action under this chapter, the court shall uphold the President’s decision in selecting the [response](/usc/42/9601.md?p=25) action unless the objecting party can demonstrate, on the administrative record, that the decision was arbitrary and capricious or otherwise not in accordance with law.
  - (3) **Remedy—** If the court finds that the selection of the [response](/usc/42/9601.md?p=25) action was arbitrary and capricious or otherwise not in accordance with law, the court shall award (A) only the [response](/usc/42/9601.md?p=25) costs or [damages](/usc/42/9601.md?p=6) that are not inconsistent with the [national contingency plan](/usc/42/9601.md?p=31), and (B) such other relief as is consistent with the [National Contingency Plan](/usc/42/9601.md?p=31).
  - (4) **Procedural errors—** In reviewing alleged procedural errors, the court may disallow costs or [damages](/usc/42/9601.md?p=6) only if the errors were so serious and related to matters of such central relevance to the action that the action would have been significantly changed had such errors not been made.
- (k) **Administrative record and participation procedures—**
  - (1) **Administrative record—** The President shall establish an administrative record upon which the President shall base the selection of a [response](/usc/42/9601.md?p=25) action. The administrative record shall be available to the public at or near the [facility](/usc/42/9601.md?p=9) at issue. The President also may place duplicates of the administrative record at any other location.
  - (2) **Participation procedures—**
    - (A) **Removal action—** The President shall promulgate regulations in accordance with [chapter 5](/usc/5/chptI/ch5.md) of title 5 establishing procedures for the appropriate participation of interested [persons](/usc/42/9601.md?p=21) in the development of the administrative record on which the President will base the selection of [removal](/usc/42/9601.md?p=23) actions and on which judicial review of [removal](/usc/42/9601.md?p=23) actions will be based.
    - (B) **Remedial action—** The President shall provide for the participation of interested [persons](/usc/42/9601.md?p=21), including potentially responsible parties, in the development of the administrative record on which the President will base the selection of [remedial actions](/usc/42/9601.md?p=24) and on which judicial review of [remedial actions](/usc/42/9601.md?p=24) will be based. The procedures developed under this subparagraph shall include, at a minimum, each of the following:
      - (i) Notice to potentially affected [persons](/usc/42/9601.md?p=21) and the public, which shall be accompanied by a brief analysis of the plan and alternative plans that were considered.
      - (ii) A reasonable opportunity to comment and provide information regarding the plan.
      - (iii) An opportunity for a public meeting in the affected area, in accordance with [section 9617(a)(2) of this title](/usc/42/9617.md?p=a-2) (relating to public participation).
      - (iv) A [response](/usc/42/9601.md?p=25) to each of the significant comments, criticisms, and new data submitted in written or oral presentations.
      - (v) A statement of the basis and purpose of the selected action.

      For purposes of this subparagraph, the administrative record shall include all items developed and received under this subparagraph and all items described in the second sentence of [section 9617(d) of this title](/usc/42/9617.md?p=d). The President shall promulgate regulations in accordance with [chapter 5](/usc/5/chptI/ch5.md) of title 5 to carry out the requirements of this subparagraph.

    - (C) **Interim record—** Until such regulations under subparagraphs [(A)](#k-2-A) and [(B)](#k-2-B) are promulgated, the administrative record shall consist of all items developed and received pursuant to current procedures for selection of the [response](/usc/42/9601.md?p=25) action, including procedures for the participation of interested parties and the public. The development of an administrative record and the selection of [response](/usc/42/9601.md?p=25) action under this chapter shall not include an adjudicatory hearing.
    - (D) **Potentially responsible parties—** The President shall make reasonable efforts to identify and notify potentially responsible parties as early as possible before selection of a [response](/usc/42/9601.md?p=25) action. Nothing in this paragraph shall be construed to be a defense to [liability](/usc/42/9601.md?p=32).
- (l) **Notice of actions—** Whenever any action is brought under this chapter in a court of the [United States](/usc/42/9601.md?p=27) by a plaintiff other than the [United States](/usc/42/9601.md?p=27), the plaintiff shall provide a copy of the complaint to the Attorney General of the [United States](/usc/42/9601.md?p=27) and to the [Administrator](/usc/42/9601.md?p=2) of the Environmental Protection [Agency](/usc/42/8262.md?p=1).

## Footnotes

[^1]: See References in Text note below.

## Source credit

(Pub. L. 96–510, title I, § 113, Dec. 11, 1980, 94 Stat. 2795; Pub. L. 99–499, title I, § 113, Oct. 17, 1986, 100 Stat. 1647; Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095.)

## Notes

### Editorial Notes

### References in Text

This chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 96–510, Dec. 11, 1980, 94 Stat. 2767, known as the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 9601 of this title and Tables.

Subchapter II of this chapter, referred to in subsec. (c), was in the original “title II of this Act”, meaning title II of Pub. L. 96–510, Dec. 11, 1980, 94 Stat. 2796, known as the Hazardous Substance Response Revenue Act of 1980, which enacted subchapter II of this chapter and sections 4611, 4612, 4661, 4662, 4681, and 4682 of Title 26, Internal Revenue Code. Sections 221 to 223 and 232 of Pub. L. 96–510, which were classified to sections 9631 to 9633 and 9641 of this title, comprising subchapter II of this chapter, were repealed by Pub. L. 99–499, title V, §§ 514(b), 517(c)(1), Oct. 17, 1986, 100 Stat. 1767, 1774. For complete classification of title II to the Code, see Short Title of 1980 Amendment note set out under section 1 of Title 26 and Tables.

The Federal Rules of Civil Procedure, referred to in subsec. (f)(1), are set out in the Appendix to Title 28, Judiciary and Judicial Procedure.

The Solid Waste Disposal Act, referred to in subsec. (i), is title II of Pub. L. 89–272, Oct. 20, 1965, 79 Stat. 997, as amended generally by Pub. L. 94–580, § 2, Oct. 21, 1976, 90 Stat. 2795, which is classified generally to chapter 82 (§ 6901 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 6901 of this title and Tables.

### Amendments

1986—Subsec. (b). Pub. L. 99–499, § 113(c)(1), substituted “subsections (a) and (h)” for “subsection (a)”.

Subsec. (c). Pub. L. 99–514 substituted “Internal Revenue Code of 1986” for “Internal Revenue Code of 1954”, which for purposes of codification was translated as “title 26” thus requiring no change in text.

Subsecs. (e) to (l). Pub. L. 99–499, § 113(a), (b), (c)(2), added subsecs. (e) to (l).