US Code
SUBCHAPTER II— SYSTEM UNIT RESOURCE PROTECTION
§ 100722. Liability


(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.