Johnson Creek is an areawide watershed in Multnomah County where agricultural and urban development dating from the late 19th century onward left extensive legacy contamination in sediments and surface water. USGS studies conducted between 1988 and 1995 documented DDT, dieldrin, PCBs, PAHs, and heavy metals at concentrations exceeding protective screening levels, and fish tissue sampling confirmed bioaccumulation of DDT, DDE, DDD, and dieldrin. Oregon DEQ's 2005 Field Investigation Report issued twelve specific recommendations for further investigation — including evaluating the Sunshine Valley landfill as a contamination source, identifying PAH source areas, and assessing pesticide concentrations in the upper watershed — none of which have been completed, and no No Further Action determination has been 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.
The contamination documented throughout this watershed — DDT, dieldrin, PCBs, PAHs, and heavy metals — traces to agricultural and urban development activities dating from the late 19th century that were well under way before 1986. Oregon DEQ's twelve outstanding investigation recommendations — including source identification, PAH source-area evaluation, and upper-watershed pesticide assessment — along with the cleanup design, remediation, and monitoring work that lies ahead, represent substantial future costs that historical pre-1986 carriers issued to operators whose activities contributed to this contamination 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.