42 U.S.C. § 9671
Section 9671 · Definitions
This is § 401 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980
Amended 2 times on record
Applied in 2 court decisions — leading case Chubb Custom Insurance v. Space Systems/Loral, Inc. (2013)
Most recently applied in Chubb Custom Insurance v. Space Systems/Loral, Inc. (March 2013)
How often courts cite this section
Court decisions citing this, by year.Markers show enactment, consequential amendments, and circuit splits over this section — watch for a citation surge after a change or a disagreement. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
As used in this subchapter—
(1) Insurance
The term “insurance” means primary insurance, excess insurance, reinsurance, surplus lines insurance, and any other arrangement for shifting and distributing risk which is determined to be insurance under applicable State or Federal law.
(2) Pollution liability
The term “pollution liability” means liability for injuries arising from the release of hazardous substances or pollutants or contaminants.
(3) Risk retention group
The term “risk retention group” means any corporation or other limited liability association taxable as a corporation, or as an insurance company, formed under the laws of any State—
(A) whose primary activity consists of assuming and spreading all, or any portion, of the pollution liability of its group members;
(B) which is organized for the primary purpose of conducting the activity described under subparagraph (A);
(C) which is chartered or licensed as an insurance company and authorized to engage in the business of insurance under the laws of any State; and
(D) which does not exclude any person from membership in the group solely to provide for members of such a group a competitive advantage over such a person.
(4) Purchasing group
The term “purchasing group” means any group of persons which has as one of its purposes the purchase of pollution liability insurance on a group basis.
(5) State
The term “State” means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands, the Commonwealth of the Northern Marianas, and any other territory or possession over which the United States has jurisdiction.
Editorial notes U.S. Code · Office of the Law Revision Counsel
State Powers and Authorities Under Risk Retention Amendments of 1986
Section 210(b) of Pub. L. 99–499, as added by Pub. L. 99–563, §11(c)(1), Oct. 27, 1986, 100 Stat. 3177, provided that: “For purposes of subsection (a) of this section [enacting this subchapter], the powers and authorities of States addressed by the Risk Retention Amendments of 1986 [Pub. L. 99–563, see Short Title of 1986 Amendment note set out under section 3901 of Title 15, Commerce and Trade] are in addition to those of this Act [see Short Title of 1986 Amendment note set out under section 9601 of this title].”