Portland International Airport's fire training facilities used aqueous film forming foam (AFFF) for fire suppression training beginning in 1963, with two successive training sites operating through 1989 and former fire stations on the property from 1960 through 1997. PFAS compounds — including PFOA, PFOS, PFHxS, and PFNA — have been confirmed in shallow groundwater at concentrations well above risk-based screening values, with contaminated groundwater infiltrating stormwater infrastructure and discharging to the Columbia Slough, where PFAS has also been detected in fish tissue. The Port of Portland entered Oregon DEQ's Voluntary Cleanup Program under a consent order, and active investigation continues with a PFAS remedial investigation pending, source control area planning underway, and a permitting process estimated at two to three years. 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.
PFAS contamination at this property traces to AFFF use in fire training operations that began in 1963 and continued through successive training sites and fire stations operating into the late 1980s and 1990s — placing decades of contaminating activity squarely before 1986. The pending PFAS remedial investigation, source control area planning, groundwater monitoring, permitting, and long-term remediation directed by Oregon DEQ under the consent order represent substantial 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.