This former agricultural property received tannery wastes from Frontier Leather Company from at least 1962 to 1971, with Washington County estimating between 6,450 and 12,900 cubic yards of waste disposed on pastureland. Hexavalent chromium has been confirmed in domestic wells, a City of Sherwood municipal well, and wetland sediments at concentrations up to 67.6 mg/kg, with surface runoff historically discharging toward South Rock Creek. Oregon DEQ issued a Record of Decision in 2016 and has executed Consent Judgment Prospective Purchaser Agreements on multiple tax lots, but site-wide closure has not been achieved — cleanup on Tax Lots 600 and 1300 remains ongoing as of 2024. 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 industrial tannery waste disposal that took place from at least 1962 through 1971, with all operations concluding more than a decade before 1986. The ongoing remediation under Oregon DEQ oversight — including phased cleanup of remaining tax lots and long-term groundwater and sediment management — represents 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.