
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 33USC2708]

 
                TITLE 33--NAVIGATION AND NAVIGABLE WATERS
 
                        CHAPTER 40--OIL POLLUTION
 
         SUBCHAPTER I--OIL POLLUTION LIABILITY AND COMPENSATION
 
Sec. 2708. Recovery by responsible party


(a) In general

    The responsible party for a vessel or facility from which oil is 
discharged, or which poses the substantial threat of a discharge of oil, 
may assert a claim for removal costs and damages under section 2713 of 
this title only if the responsible party demonstrates that--
        (1) the responsible party is entitled to a defense to liability 
    under section 2703 of this title; or
        (2) the responsible party is entitled to a limitation of 
    liability under section 2704 of this title.

(b) Extent of recovery

    A responsible party who is entitled to a limitation of liability may 
assert a claim under section 2713 of this title only to the extent that 
the sum of the removal costs and damages incurred by the responsible 
party plus the amounts paid by the responsible party, or by the 
guarantor on behalf of the responsible party, for claims asserted under 
section 2713 of this title exceeds the amount to which the total of the 
liability under section 2702 of this title and removal costs and damages 
incurred by, or on behalf of, the responsible party is limited under 
section 2704 of this title.

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

                  Section Referred to in Other Sections

    This section is referred to in section 2713 of this title.
