The US DOE Albany Research Center is a 42-acre federal research facility in Linn County where chlorinated solvents — trichloroethylene (TCE), tetrachloroethylene (PCE), and carbon tetrachloride — were used as metal degreasers over decades of industrial operations predating 1986, with three underground storage tanks removed in 1989 confirming their pre-1986 installation. Groundwater contamination has migrated off-site, reaching Liberty Elementary School with TCE concentrations as high as 1,450 ug/L and extending into a residential neighborhood where ten homes required connection to city water after their wells were found contaminated. Oregon DEQ maintains active oversight with the site listed on the Confirmed Release List, no No Further Action determination has been issued, and remaining contamination was described as uncharacterized as recently as 2000, with radioactive drainage pipes at three facilities still requiring future action during demolition. 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.
Chlorinated solvent contamination at this property — including trichloroethylene, tetrachloroethylene, and carbon tetrachloride used as metal degreasers — originated from decades of industrial operations well before 1986, with three underground storage tanks removed in 1989 confirming their pre-1986 installation. The work ahead under Oregon DEQ direction — further investigation of uncharacterized contamination, remediation of an extensive groundwater plume that has reached a nearby school and residential neighborhood, removal of radioactive drainage pipes during future demolition, and long-term monitoring — represents substantial ongoing and future costs that pre-1986 carriers whose policies were in effect during the facility's operational years may be obligated 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.
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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.