This industrial property has been in continuous use since 1959, beginning with Pierce Pacific Manufacturing and followed by a succession of operators who stored, received, and utilized petroleum products and industrial chemicals on-site. Four underground storage tanks were removed in 1989, and investigations have confirmed arsenic and cadmium in groundwater, while stormwater ditch sampling found lead, copper, zinc, and chromium at concentrations exceeding Columbia Slough screening levels, along with polycyclic aromatic hydrocarbons. A non-engineered cap has been in place since 2018 requiring annual inspections — the most recent submitted in December 2025 — but Oregon DEQ has not issued a No Further Action determination, and significant data gaps remain including a full groundwater evaluation that has never been completed. 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 industrial operations that began in 1959 and continued through a succession of operators over more than two decades before 1986. With the site still under Oregon DEQ oversight and significant work ahead — including a never-completed full groundwater evaluation, unresolved data gaps, ongoing cap maintenance, and remediation required to progress toward closure — pre-1986 carriers whose policies were in effect during those decades of operations may be obligated to fund these substantial investigation, remediation, and long-term monitoring costs.
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.