This agricultural property in Umatilla County is contaminated with dieldrin, a chlorinated pesticide used extensively from the 1950s through the 1970s before EPA banned most applications between 1974 and 1987. Oregon DEQ confirmed the release of dieldrin and other pesticides on the property in a 1997 narrative, with contamination impacting both shallow soil and drainage ditches carrying surface water. A Remedial Investigation and Feasibility Study was recommended in a 1998 Expanded Preliminary Assessment but has never been conducted, and the site remains listed on the Confirmed Release List with no cleanup initiated and 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.
Dieldrin contamination at this property traces to pesticide applications carried out from the 1950s through the 1970s, decades before 1986. The recommended but never-conducted Remedial Investigation and Feasibility Study, along with any remediation and long-term monitoring that may follow, represent future costs this property still faces — costs that historical pre-1986 carriers whose policies were in effect during the years of pesticide application 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.