This industrial property has hosted various operations since approximately 1950, including a lube oil refinery and an oil sludge pit predating 1964, and later served as a Unocal bulk plant. Groundwater contamination and Columbia Slough sediment impacts — including elevated PCBs and metals — have been confirmed, and a December 2024 investigation identified a TPH plume extending through the subsurface in the northeast-to-southwest direction. Oregon DEQ's 2014 source control decision explicitly excluded groundwater, subsurface soil, and historical releases to Columbia Slough from its scope, and only a partial No Further Action determination has been sought for the southeast portion of the property — leaving the western and northern portions under active DEQ oversight with additional subsurface investigation required. 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 originates from industrial operations — including lube oil refining, an oil sludge pit predating 1964, and bulk petroleum storage — that were underway at this site as early as 1950, decades before 1986. With Oregon DEQ's 2014 source control decision explicitly excluding groundwater, subsurface soil, and historical releases to Columbia Slough, and with a December 2024 investigation confirming a TPH plume requiring additional subsurface work across the western and northern portions of the property, the site faces substantial future investigation and remediation costs that historical pre-1986 carriers 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.