This 22-acre industrial property operated as a veneer mill under Boise Cascade beginning in 1971, though underground storage tanks were installed at the site as early as 1965 and lead contamination predates even those operations. Polycyclic aromatic hydrocarbons (PAHs) have been confirmed in groundwater at concentrations exceeding risk-based concentrations and freshwater ecological screening levels, and capped petroleum contamination — diesel and heavy oil at concentrations up to 33,700 ppm — remains beneath the former lathe mill area where full excavation was not feasible due to structural constraints. Oregon DEQ maintains active oversight under a Prospective Purchaser Agreement and Consent Judgement effective July 2015, with institutional controls, a contamination management and monitoring plan, and a cap integrity review that appears overdue since 2020. 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 traces to underground storage tank installations and industrial activity that began in the mid-1960s, placing the origin of site contamination more than two decades before 1986. The ongoing obligations under the active Consent Judgement — cap maintenance, institutional control compliance, the overdue cap integrity review, and potential additional remediation if redevelopment disturbs capped contamination — represent substantial future costs that pre-1986 policies issued to operators at this property 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.