If a spill has been federalized, can a third party still make claims for damages?

When a spill has been federalized, it means that federal agencies have taken over the management and response efforts related to the spill, often due to its significant impact on the environment or public health. While the federal government assumes primary responsibility for addressing the incident, third parties may still have the ability to make claims for damages through the National Pollution Funds Center (NPFC) established under the Oil Pollution Act.

This fund is designed to provide compensation for damages incurred from oil spills, allowing affected individuals, businesses, and even states to seek reimbursement for losses. The existence of this fund emphasizes the government's acknowledgment of the potential harm to third parties and their right to seek recourse. Thus, claims can be made by affected parties, and the NPFC plays a crucial role in facilitating those claims for damages related to the spill, ensuring that victims have a pathway to seek financial recovery.