54 U.S.C. § 100722 — Liability

FEDERAL · 54 U.S.C. · Chapter 1007

Liability

Current through Pub. L. 119-102

Title 54 — National Park Service and Related Programs·Ch. 1007 — RESOURCE MANAGEMENT·Subch. II

(a)In General.—Subject to subsection (c), any person that destroys, causes the loss of, or injures any System unit resource is liable to the United States for response costs and damages resulting from the destruction, loss, or injury.

(b)Liability In Rem.—Any instrumentality, including a vessel, vehicle, aircraft, or other equipment, that destroys, causes the loss of, or injures any System unit resource shall be liable in rem to the United States for response costs and damages resulting from the destruction, loss, or injury to the same extent as a person is liable under subsection (a).

(c)Defenses.—A person is not liable under this section if the person establishes that—

(1)the destruction, loss of, or injury to the System unit resource was caused solely by an act of God or an act of w

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(a) In General.—Subject to subsection (c), any person that destroys, causes the loss of, or injures any System unit resource is liable to the United States for response costs and damages resulting from the destruction, loss, or injury.
(b) Liability In Rem.—Any instrumentality, including a vessel, vehicle, aircraft, or other equipment, that destroys, causes the loss of, or injures any System unit resource shall be liable in rem to the United States for response costs and damages resulting from the destruction, loss, or injury to the same extent as a person is liable under subsection (a).
(c) Defenses.—A person is not liable under this section if the person establishes that—
(1) the destruction, loss of, or injury to the System unit resource was caused solely by an act of God or an act of war;
(2) the person acted with due care, and the destruction, loss of, or injury to the System unit resource was caused solely by an act or omission of a 3d party, other than an employee or agent of the person; or
(3) the destruction, loss, or injury to the System unit resource was caused by an activity authorized by Federal or State law.
(d) Scope.—Liability under this section is in addition to any other liability that may arise under Federal or State law.

54 U.S.C. § 100722 (Liability) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Source Credit

History

(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3107.)