I 

112TH CONGRESS 

1ST SESSION H. R. 2386 

To amend the Oil Pollution Act of 1990 to facilitate the ability of persons 

affected by oil spills to seek judicial redress. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 24, 2011 

Mr. MARKEY (for himself, Ms. CASTOR of Florida, and Mr. CONNOLLY of Virginia) introduced the following bill; which was referred to the Committee 

on Transportation and Infrastructure 

A BILL 

To amend the Oil Pollution Act of 1990 to facilitate the 

ability of persons affected by oil spills to seek judicial 

redress. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Oil Spill Victims Re5 dress Act’’. 

6 SEC. 2. CLAIMS PROCEDURE. 

7 Section 1013(a) of the Oil Pollution Act of 1990 (33 

8 U.S.C. 2713(a)) is amended by striking ‘‘all claims for re9 moval costs or damages’’ and inserting ‘‘all claims against 


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1 each responsible party for removal costs or damages under 

2 this Act’’. 

3 SEC. 3. STATE COURT JURISDICTION. 

4 Section 1017(c) of the Oil Pollution Act of 1990 (33 

5 U.S.C. 2717(c)) is amended— 

6 (1) by striking ‘‘A State trial’’ and inserting the 

7 following: 

8 ‘‘(1) IN GENERAL.—A State trial’’; and 

9 (2) by adding at the end the following: 

10 ‘‘(2) DAMAGES AND RELIEF.—Notwithstanding 

11 any other provision of this Act, a State court may 

12 award damages or other relief to any person for 

13 claims under State law against any responsible party 

14 or other person. 

15 ‘‘(3) REMOVABILITY.—A civil action brought in 

16 State court with respect to a discharge of oil into or 

17 on the navigable waters, adjoining shorelines, or the 

18 exclusive economic zone of the State is not within 

19 the original jurisdiction of the United States district 

20 courts, and is therefore not removable, unless— 

21 ‘‘(A) a Federal claim is pleaded in addition 

22 to claims arising under State law; or 

23 ‘‘(B) the action is otherwise removable 

24 based on diversity of citizenship pursuant to 

25 section 1332 of title 28, United States Code.’’. 


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1 SEC. 4. RELATIONSHIP TO OTHER LAW. 

2 Section 1018 of the Oil Pollution Act of 1990 (33 

3 U.S.C. 2718) is amended— 

4 (1) in subsection (a), by striking paragraph (1) 

5 and inserting the following: 

6 ‘‘(1) affect or preempt the authority of any 

7 State or political subdivision of a State from impos8 ing, on any responsible party or other person, any 

9 additional liability or requirement with respect to— 

10 ‘‘(A) the discharge of oil occurring within 

11 the State, or pollution by oil having effects 

12 within the State; or 

13 ‘‘(B) any removal activities in connection 

14 with such a discharge; or’’; and 

15 (2) in subsection (c)(1), by inserting ‘‘on any 

16 responsible party or other person’’ after ‘‘to im17 pose’’. 

18 SEC. 5. APPLICABILITY. 

19 This Act and the amendments made by this Act apply 

20 with respect to any claim that is pending on, or filed on 

21 or after, the date of enactment of this Act. 

Æ 


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