context: Norwest Leasing further argues that even if it had not already incurred response costs that it would have standing to seek a declaration adjudicating the parties' rights and responsibilities with respect to the contamination of the property. It argues that declaratory relief is appropriate at this time because it is undisputed that there is pollution on the property which one or more of the parties will be required to remove or otherwise remediate and that the court may properly determine who is responsible for those costs before they are incurred.
citation_a.signal: cf.
citation_a.identifier: 755 F.2d 645, 650
citation_a.parenthetical: party could properly seek declaration concerning potential liability for clean up costs and penalties arising from an oil spill that had been cleaned up by government
citation_a.sentence: See Gopher Oil Co. v. Union Oil Co., 757 F.Supp. 988, 994 (D.Minn.1990) (Gopher Oil I) (allocating responsibility for future costs of investigating and cleaning up a site under CERCLA and MERLA), aff'd and remanded in part on other grounds, 955 F.2d 519 (8th Cir.1992); cf. Caldwell v. Gurley Refining Co., 755 F.2d 645, 650 (8th Cir.1985) (party could properly seek declaration concerning potential liability for clean up costs and penalties arising from an oil spill that had been cleaned up by government). Norwest Financial thus seeks a declaration of its potential liability for pollution at the site before it attempts to foreclose or incur other liability for clean up costs.
citation_b.signal: see
citation_b.identifier: 757 F.Supp. 988, 994
citation_b.parenthetical: allocating responsibility for future costs of investigating and cleaning up a site under CERCLA and MERLA
citation_b.sentence: See Gopher Oil Co. v. Union Oil Co., 757 F.Supp. 988, 994 (D.Minn.1990) (Gopher Oil I) (allocating responsibility for future costs of investigating and cleaning up a site under CERCLA and MERLA), aff'd and remanded in part on other grounds, 955 F.2d 519 (8th Cir.1992); cf. Caldwell v. Gurley Refining Co., 755 F.2d 645, 650 (8th Cir.1985) (party could properly seek declaration concerning potential liability for clean up costs and penalties arising from an oil spill that had been cleaned up by government). Norwest Financial thus seeks a declaration of its potential liability for pollution at the site before it attempts to foreclose or incur other liability for clean up costs.