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Statutory Liability

The happening of an event defined as an “act of God” can be a defense against statutory liability.  Federal statutes explicitly provide that an “act of God” is sufficient defense to liability for:

  • a discharge of oil or other hazardous substance into the navigable waters of the United States or in connection with the trans-Alaska pipeline
  • a financial institution’s failure to make a requested electronic funds transfer
  • a penalty for failure to provide information required by a U.S. Customs Service audit
  • a penalty imposed on an automobile manufacturer for failure to comply with federal fuel economy standards
  • cabin user fees imposed within federal forests
  • federal tax on beer or on tobacco products and cigarette papers
  • the costs of removing a hazardous substance under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980
  • the destruction of a federal park system resource10 or of a sanctuary resource
  • under the Harter Act or the Carriage of Goods by Sea Act, for a loss experienced by a shipping vessel

The defense of “act of God” has been judicially recognized as valid against liability under other federal statutes, such as the Carmack Amendment to the Interstate Commerce Act which makes common carriers liable for actual loss of or damage to shipments in interstate commerce.

In actions such as workers compensation liability claims, liability arising under state environmental protection statutes, and mortgage foreclosure actions, state statutes may also provide that an act of God is a defense.


Inside Statutory Liability