This bulk fuel terminal area in Multnomah County has hosted petroleum storage and distribution operations by major oil companies — including Chevron, Shell, and Unocal — with contamination documented since the 1970s through remedial investigations. Free-product petroleum, dissolved-phase hydrocarbons, heavy metals (arsenic, manganese), and DDT have been confirmed in groundwater, with contaminant seepage reaching the Willamette River. Oregon DEQ issued Consent Order WMCSR-NWR-94-06 in 1994 binding the responsible parties — now operating as the Willbridge Terminal Group (Chevron, Phillips 66, Kinder Morgan) — and the 2017 Portland Harbor Record of Decision imposes additional EPA cleanup level requirements. As of December 2023, semi-annual groundwater monitoring continues to document exceedances of Portland Harbor ROD cleanup levels for TPH-D, arsenic, and manganese, and quarterly separate-phase hydrocarbon recovery remains ongoing. 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 petroleum contamination at this property originated from bulk fuel storage and distribution operations that were well established by the 1970s — more than a decade before 1986 — and the responsible parties have been under Oregon DEQ enforcement since 1994. The ongoing groundwater remediation, SPH recovery, semi-annual monitoring, and compliance with Portland Harbor ROD cleanup levels represent substantial current and future cost obligations 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.