This property has a documented history as a bulk fuel distribution terminal going back to 1938. Historical insurance policies issued during operations at this property and through 1986 could help fund the ongoing and future cleanup under Oregon DEQ oversight.
This bulk fuel terminal in Multnomah County has been in industrial use since at least 1938, with Shell Oil, Chevron, and Union Oil among its historical operators and Kinder Morgan continuing operations today. Petroleum hydrocarbon releases from decades of terminal operations have resulted in separate-phase hydrocarbons in groundwater, with contamination migrating to the Willamette River through groundwater discharge, bank soil erosion, and stormwater pathways via Saltzman Creek. Oregon DEQ entered a Consent Order with Shell Oil, Chevron, and Union Oil in 1994, and the site falls within the Portland Harbor Superfund Site under an EPA Record of Decision issued in 2017. A 2022 work plan for bank soil removal has been prepared but the removal itself has not yet been executed, and the site remains under active DEQ oversight with source control evaluation ongoing under the Portland Harbor Joint Source Control Strategy. 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.
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.
Bulk petroleum terminal operations at this property were established by at least 1938 and continued for decades before 1986, releasing petroleum hydrocarbons that have resulted in separate-phase contamination in groundwater and contaminant migration to the Willamette River. The cleanup costs this property still faces — executing the planned bank soil removal along the Willamette River, ongoing groundwater monitoring and source control evaluation under both the Oregon DEQ Consent Order and the EPA Superfund framework, and whatever additional remediation the Joint Source Control Strategy directs — are obligations that historical pre-1986 carriers may be required to fund.
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.
What We Look For
- Historical insurance policies (pre-1986)
- Policy numbers, carrier names, and coverage periods
- Connection between contamination timing and policy period
- Evidence linking cleanup obligation to insured activity
What We Deliver
- Historical Coverage Chart
- Trigger Analysis & Property/Policy Nexus
- Coverage strategy with recommendations
- Insurance funding for your remediation
- Claims Management
The Restorical Proven Process
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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.