Levin Metals Corp. v. Parr-Richmond Terminal Co.
Opinion of the Court
This appeal is controlled by our previous opinion in this ease. Levin Metals v. Parr-Richmond Terminal Company, 799 F.2d 1312 (9th Cir. 1986). That opinion set forth the requirements for bringing a declaratory judgment action under the Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 U.S. C. Section 9601 et seq. (CERCLA). The relevant requirement is that the defendants in a declaratory judgment action must have incurred costs for cleaning up a hazardous waste cite. If they have not incurred such response costs, they have not met CERC-LA’s requirements for bringing a coercive legal action against the declaratory judgment plaintiff, and the prerequisites of the Declaratory Judgment Act, 28 U.S.C. Section 2201, are not fulfilled. Appellant Montrose Chemical Corporation argues that the action against it does not meet those prerequisites and should be dismissed. We hold that the action against Montrose is ancillary to Parr-Richmond’s declaratory judgment action against Levin Metals. Our earlier opinion in this case established that the action against Levin Metals meets the statutory prerequisites of CERCLA. See 799 F.2d at 1315. We therefore affirm the district court’s denial of Montrose’s motion to dismiss.
In United States ex rel. Payne v. United Pacific Insurance Company, we held that courts should exercise their ancil
The district court’s denial of Montrose’s motion to dismiss is AFFIRMED.
. The relevant part of Footnote 6 reads:
"We recognize that not all of the declaratory judgment defendants claim to have incurred response costs and presented a CERC-LA claim to Parr-Richmond. Nevertheless, all persons who have an interest in determination of the questions raised in the declaratory judgment suit should be before the court. See Diamond Shamrock Corp. v. Lumbermens Mutual Casualty Co., 416 F.2d 707, 710 (7th Cir. 1969). The district court may consider on remand the propriety of joining these parties under Federal Rules of Civil Procedure 19 or 20.”
Reference
- Full Case Name
- LEVIN METALS CORPORATION v. PARR-RICHMOND TERMINAL COMPANY, Defendants-Counter-Claimants-Appellees v. Richard LEVIN, Counterdefendants, and Montrose Chemical Corporation of California, Counterdefendant-Appellant PARR-RICHMOND TERMINAL COMPANY v. LEVIN METALS CORPORATION, and Montrose Chemical Corporation of California
- Cited By
- 2 cases
- Status
- Published