This bulk fuel terminal in Multnomah County has been the subject of remedial investigations since the 1970s, with the US Coast Guard documenting oil seepage into the Willamette River shoreline as early as January 1982. Multiple petroleum releases — diesel, gasoline, and heavy oil — have produced extensive groundwater contamination including free product and dissolved-phase hydrocarbons, along with heavy metals such as arsenic and manganese exceeding Portland Harbor ROD cleanup levels. Oregon DEQ issued Consent Order WMCSR-NWR-94-06 in 1994 binding Chevron, Phillips 66, and Kinder Morgan as responsible parties, and the site remains under active oversight with a groundwater extraction and treatment system operating, quarterly separate-phase hydrocarbon recovery, and semi-annual monitoring — with no No Further Action determination issued. 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.
The bulk fuel operations at this property have been the subject of remedial investigations since the 1970s, with documented petroleum releases — including oil seepage into the Willamette River shoreline — recorded as early as 1982, placing the contaminating activities well before 1986. The work ahead under Oregon DEQ's 1994 Consent Order — continued groundwater extraction and treatment, quarterly separate-phase hydrocarbon recovery, and semi-annual monitoring to meet Portland Harbor ROD cleanup levels, with no No Further Action determination yet issued — represents substantial ongoing and future costs that 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.
Stay up to date on environmental property cleanup laws and changes.
Request more information on this property
Contact UsThis analysis is preliminary and based on publicly available records. Restorical Research is not a law firm and does not provide legal advice.