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U.S. Code as of:
01/19/04
Section 1479. Federal liability for unreasonable damages
(a) Payment of compensation
The United States shall be obliged to pay compensation to the
extent of the damage caused by measures which exceed those
reasonably necessary to achieve the end mentioned in section 1472
of this title.
(b) Jurisdiction
Actions against the United States seeking compensation for any
excessive measures may be brought in the United States Court of
Federal Claims, in any district court of the United States, and in
those courts enumerated in section 460 of title 28. For purposes of
this chapter, American Samoa shall be included within the judicial
district of the District Court of the United States for the
District of Hawaii, and the Trust Territory of the Pacific Islands
shall be included within the judicial districts of both the
District Court of the United States for the District of Hawaii and
the District Court of Guam.
(c) Burden of proof
With respect to intervention for a substance identified pursuant
to section 1473(a) of this title, the United States has the burden
of establishing that, under the circumstances present at the time
of the intervention, the substance could reasonably pose a grave
and imminent danger analogous to that posed by a substance
enumerated in the protocol.
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