This military installation has been operational since the 1940s, with decades of fire training activities, tank farm operations, and use of aqueous film-forming foam (AFFF) releasing PFAS, petroleum hydrocarbons, solvents, and metals across multiple contamination areas. PFAS compounds — including PFOS, PFOA, and PFHxS — are ubiquitous in groundwater above screening levels, with contamination migrating to the Columbia Slough and McBride Slough via stormwater discharge and groundwater pathways, resulting in a fish consumption advisory after PFOS in fish tissue exceeded Oregon Health Authority thresholds. Oregon DEQ reviewed the Final PFAS Remedial Investigation Report submitted in June 2025 and concluded that additional data collection and interim actions to reduce or eliminate discharge are necessary, with a Risk Assessment and Feasibility Study still ahead. 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 contamination at this property originated from military operations, fire training, and fuel storage activities that began in the 1940s — decades before 1986. With Oregon DEQ directing interim actions to reduce PFAS discharge, a Risk Assessment and Feasibility Study still ahead, and the full lateral extent of groundwater contamination not yet defined, the investigation, remediation, and long-term monitoring costs ahead represent a substantial ongoing and future obligation 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.