This property has a documented history as a bulk fuel distribution terminal predating 1986. Historical insurance policies issued during operations at this property and through 1986 could help fund the ongoing and future cleanup under Oregon DEQ oversight.

Why Historical Insurance Policies May Be Accessible

Pre-1986 Commercial General Liability (CGL) policies were occurrence-based and did not contain an effective pollution exclusion in Oregon — and those policies may provide coverage that remains enforceable today. If contamination occurred while those policies were active, those historical insurance carriers may still have a legal obligation to fund the cleanup costs, even if the business closed or the property changed hands.

The contamination at this terminal complex traces to petroleum distribution operations and disposal practices — including inland spills, burial of tank bottoms, and leaking transmission lines — that were well underway by the 1970s, decades before 1986. With Portland Harbor ROD cleanup levels still being exceeded for arsenic and manganese and petroleum contamination persisting in groundwater, the ongoing and future remediation obligations under the 1994 Consent Order — including continued groundwater extraction and treatment, separate-phase hydrocarbon recovery, and long-term monitoring — represent substantial costs that pre-1986 CGL carriers whose policies were in effect during those operational years may be obligated to fund going forward.

Restorical's role is to locate viable historical policies, determine whether a successful coverage claim is possible, and assist our clients and their legal counsel to obtain insurance coverage. Restorical then manages the claim, including accounting, to ensure the cleanup is funded in a timely manner.