ELR Citation: ELR 20494
No(s). 92 C 410 (N.D. Ill. Oct 1, 1992)

The court denies a motion to dismiss a request by the current owner of a contaminated site for a declaratory judgment on a prior owner's liability for future response costs under §107 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). The court first holds that an actual case or controversy exists between the current and prior owners of the site. Although the government has not yet brought suit against the current owner, the owner has already incurred some initial cleanup costs and the parties are identifiable. The court next holds that the current owner's admission that it is a potentially responsible party does not bar it from seeking declaratory relief. Finally, the court holds that the current owner has made a prima facie case under CERCLA. The complaint alleged that hazardous substances either originated from the prior owner's nearby property or came to rest on the contaminated land during the period the defendant owned it, and that the current owner incurred response costs in evaluating the contamination and in cleaning up the site.

Counsel for Plaintiff
John W. Hough, David M. Levin
Hough & Cook
200 W. Adams St., Ste. 2905, Chicago IL 60606
(312) 346-7900

Counsel for Defendant
Robert L. Shuftan
Wildman, Harrold, Allen & Dixon
225 W. Wacker Dr., Ste. 3000, Chicago IL 60606
(312) 201-2676