Bulk Distribution Centers, Inc. v. Monsanto Co.

ORDER

GONZALEZ, District Judge.

I

IN THIS ACTION the operator of a chemical transloading facility seeks a declaratory judgment as to the liability of three private chemical manufacturers for an alleged hazardous release at the operator’s premises. The Declaratory Judgment Act, 28 U.S.C.A. §§ 2201; 2202 (1982), does not serve as an independent source of subject-matter jurisdiction, see Shelly Oil Co. v. Phillips Petroleum Co., 339 U.S. 667, 671, 70 S.Ct. 876, 879, 94 L.Ed. 1194 (1950); Williams v. Wood, 612 F.2d 982, 984 n. 1 (5th Cir.1980), and thus federal jurisdiction is premised on section…