33 U.S.C. § 2717 — Litigation, jurisdiction, and venue

(a) Review of regulations. An interested person may ask the United States Court of Appeals for the District of Columbia Circuit to review a regulation issued under this Act. The request must be filed within 90 days after the regulation is issued. If a matter could have been reviewed this way, it cannot later be reviewed in a civil or criminal enforcement case or in a case seeking damages or recovery of response costs.

(b) Jurisdiction. Unless subsection (a) or (c) applies, United States district courts have exclusive original jurisdiction over every dispute arising under this Act. This rule applies regardless of the parties' citizenship or the amount in dispute. A case may be filed in any district where the discharge, injury, or damage happened, or where the defendant lives, can be found, has its main office, or has appointed an agent to receive legal papers. For this section, the Fund is treated as residing in the District of Columbia.

(c) State court jurisdiction. A State trial court that has authority over claims for removal costs or damages, as those terms are defined under this Act, may hear claims under this Act or State law. Once that court's final judgment is no longer subject to ordinary review, the judgment must be recognized as valid and enforceable for every purpose of this Act.

(d) Assessment and collection of tax. Subsections (a), (b), and (c) do not apply to a dispute or other matter resulting from assessing or collecting a tax. They also do not apply to reviewing a regulation issued under title 26.

(e) Savings provision. This subchapter does not apply to a legal claim or right to recover that arises from an incident occurring before August 18, 1990. Those claims must be decided under the law that applied on the incident date.

(f) Period of limitations. (1) Damages. Unless paragraph (3) or (4) provides otherwise, a damages action under this Act is barred unless filed within 3 years after either of these dates: (A) the date when, using reasonable care, the loss and its connection to the discharge can reasonably be discovered; or (B) for natural-resource damages under section 2702(b)(2)(A) of this title, the date when the natural-resources damage assessment under section 2706(c) is completed. (2) Removal costs. An action to recover removal costs covered by section 2702(b)(1) of this title must be filed within 3 years after the removal action is completed. In that action, the court must enter a declaratory judgment deciding liability for removal costs or damages. That judgment binds any later action seeking additional removal costs or damages. Unless this paragraph says otherwise, an action to recover removal costs may be filed at any time after the costs are incurred. (3) Contribution. An action seeking contribution for removal costs or damages must be filed within 3 years after either (A) the date of judgment in an action under this Act to recover those costs or damages, or (B) the date a court-approved settlement for those costs or damages is entered. (4) Subrogation. An action based on rights transferred by subrogation under this Act because a claim was paid must be filed within 3 years after the claim was paid. (5) Commencement. These deadlines do not begin to run against a minor until the earlier of the minor's 18th birthday or the date a legal representative is properly appointed. They do not begin to run against an incompetent person until the earlier of the date the person's incompetency ends or the date a legal representative is properly appointed.

(g) Timing of review. Before a removal action is completed, no person may bring an action under this Act, section 1321 of this title, or chapter 7 of title 5 to challenge a decision about that removal action made by an on-scene coordinator appointed under the National Contingency Plan.