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Demos, 18 F.3d 485, 487 (7th Cir.1994) (citations and quotations omitted). Subject Matter Jurisdiction The Declaratory Judgment Act, 28 U. Any such declaration shall have the force and effect of a final judgment or decree and shall be reviewable as such.

However, because the Declaratory Judgment Act is not an independent source of federal subject matter jurisdiction, see Skelly Oil Co.

(“GNB Batteries”), to which it then transferred the business and assets of its battery business. GNB additionally submits that the use of the word “incurred” in paragraph three of the Restated Assumption Agreement limits its liability. Consequently, GNB contends, liabilities are not “incurred” under CERCLA until “(1) hazardous substances are released or have been threatened to be released from the facility; and (2) the release or threat of release has required that response costs be expended by the United States, an individual state or a private party.” Appellant's Br. In fact, GNB's interpretation of the term “incurred” fails to give meaning to a significant portion of paragraph three. The district court was entitled to conclude that the absence of further discussion supports the conclusion that GNB intended to assume the disputed liabilities. Otherwise, a party could obtain an advisory opinion merely by requesting a declaration of nonliability, thereby undermining the requirement that an actual controversy precipitate the declaratory judgment action. In a case such as this one, in which a declaratory judgment plaintiff files an action in anticipation of a potential action by the declaratory judgment defendant, the threat of litigation is sufficient to create a justiciable controversy.

In Count One, it sought a declaration that GNB was liable to it under CERCLA, and in Count Two, it sought a declaration that GNB was responsible under the Restated Assumption Agreement for Gould's environmental liabilities complaint. The “presence or absence of federal-question jurisdiction is governed by the ‘well-pleaded complaint rule,’ which provides that federal jurisdiction exists only when a federal question is presented on the face of the plaintiff's properly pleaded complaint.” Burda v. Demos, 18 F.3d 485, 488 (7th Cir.1994); see generally Ceres Terminals, Inc. First, I note that the majority does not purport to apply Illinois law as a federal common law rule of decision. Under the Resource Conservation and Recovery Act (“RCRA”) and the Comprehensive Environmental Liability Act (“CERCLA”), the Environmental Protection Agency (“EPA”) may hold a responsible person strictly liable for cleanup costs. In this case, Count One of GNB's complaint presumes the possibility of an action by Gould under §§ 107(a) and 113(f)(1) of CERCLA, 42 U. To complete our inquiry about the jurisdiction of the district court, “we must address the separate and distinct jurisdictional question of constitutional dimension” of whether an “actual controversy” existed over GNB's liability to Gould under CERCLA. Absent congressional direction through statute or action under the Rules Enabling Act, it is not our prerogative to legislate higher standards in this type of case or in any other case. 1983) because they were “entered into simultaneously.” GNB submits that, when the documents are read together, the Restated Assumption Agreement should be interpreted as to not transfer all environmental liabilities. The purpose of the Bill of Sale was to transfer all tangible and intangible property and assets associated with Gould's Battery business. The letter provided:[The] acquisition of obligations and liabilities will generally include all known and unknown environmental liabilities and problems, except as set forth in the December 13, 1983 Agreement at paragraph 2.07(a). Since 1988, however, Gould has taken a position contrary to the terms of the Restated Assumption Agreement and has asserted that GNB is responsible for liabilities that Gould incurs under CERCLA and other environmental laws relating to the battery manufacturing facilities owned by Gould and with respect to waste treated or disposed of by Gould at common facilities.22. In 1989, Gould demanded that GNB accept responsibility for any and all of the necessary costs of response incurred in connection with the cleanup of the East Point, Georgia site for which Gould was liable.[9]․29. In Kimbell Foods, the Court held that federal law determines the priority of liens stemming from federal lending programs. at 1458 (citations omitted) (quoting United States v. Under CERCLA, however, a responsible party may be indemnified for its liability. See Nuclear Eng'g Co., 660 F.2d at 251; see also Deveraux v. This approach presents, however, several difficulties. First, the documents were not executed at the same time and therefore should not be interpreted together. By contrast, the Restated Assumption Agreement was intended to transfer obligations and liabilities of Gould. Key participants in GNB received drafts of the Restated Assumption Agreement; GNB's Mr. This acquisition of potential environmental liabilities is consistent with my understanding of the philosophy of this transaction [GNB Acquisition] intends to take the positive and negative aspects of the battery business. In October, 1989, Gould demanded that GNB accept responsibility for any and all of the necessary costs of response incurred in connection with the cleanup of the Monroe, Michigan site for which Gould was liable.[10]․33. The Court explained, however, that: Controversies directly affecting the operations of federal programs, although governed by federal law, do not inevitably require resort to uniform federal rules․ Whether to adopt state law or to fashion a nationwide federal rule is a matter of judicial policy “dependent upon a variety of considerations always relevant to the nature of the specific governmental interests and to the effects upon them of applying state law.”Id. This document was structured to transfer liabilities from Gould to its wholly-owned subsidiary, at the time, GNB Batteries. Ed.2d 711 (1979), state law except where a significant conflict with federal policy exists. Although the Supreme Court upheld federal question jurisdiction in each case based on the application of federal common law, the federal common law called for was federal common law in the traditional sense-a body of uniform, federal, non-statutory law, and there was no indication that state law would provide the federal rule of decision. Section 113(f)(1) provides that potentially responsible parties have rights of contribution against each other:(1) Contribution. The Restated Assumption Agreement The operative document in this case is the Restated Assumption Agreement. Milwaukee are consistent with my analysis of federal question jurisdiction over Count Two of GNB's complaint. GNB alleged in its complaint that Gould had incurred such response costs.




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