This 175-acre industrial property has hosted fiberboard manufacturing since 1929, with decades of wastewater discharged directly into Scappoose Bay, sludge disposed in an unlined holding pond from 1973, and naphtha contamination from on-site storage. Sediment, groundwater, surface water, and biological tissue have all been impacted, and a fish advisory remains in effect for Scappoose Bay due to dioxin, furan, and metals contamination in the lowland and in-water areas. While the upland operable unit was remediated in 2019, Oregon DEQ is actively directing cleanup of the lowland and in-water operable unit — with final design for an Interim Removal Action Measure completed in August 2025 and construction scheduled for 2026–2027, followed by post-construction restoration through 2028. That history could support an insurance coverage claim against the carriers who issued policies more than 40 years ago — coverage that could help fund the cleanup ahead.
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.
Contamination at this property originated from fiberboard manufacturing operations that began in 1929 and continued under multiple owners — including Fir-Tex, Dant & Russell, Kaiser Gypsum, and Owens Corning — all well before 1986. The work ahead for the lowland and in-water operable unit — IRAM construction in 2026–2027, ecological restoration through 2028, and long-term monitoring and compliance directed under a 2010 Consent Order and 2024 Consent Judgment — represents substantial ongoing and future costs that historical pre-1986 carriers 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.
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Contact UsThis analysis is preliminary and based on publicly available records. Restorical Research is not a law firm and does not provide legal advice.