This 22.6-acre industrial property operated as a wood pulp and paper mill from 1908 through 2011, passing through multiple corporate owners including Hawley Pulp and Paper Company, Publisher Paper (Times Mirror), Jefferson Smurfit, and Blue Heron Paper Co. Decades of manufacturing left petroleum contamination from underground storage tanks, metals and PCBs in tailrace sediment, and a bleach plant waste pile containing metals, polycyclic aromatic hydrocarbons, petroleum, and dioxins/furans. Oregon DEQ entered a Prospective Purchaser Agreement with the current owner in 2019, and remedial investigation fieldwork was completed in 2023 with a comprehensive RI report expected by the end of 2025. Tailrace sediment remediation, bleach plant waste pile cleanup, production well restoration, and ongoing groundwater monitoring are all planned for 2025–2026 under active DEQ oversight. 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 — petroleum from underground storage tanks, metals and PCBs in tailrace sediment, and bleach plant wastes including dioxins and furans — traces directly to pulp and paper manufacturing operations that began in 1908 and ran for nearly eight decades before 1986. The substantial work ahead — tailrace sediment remediation, bleach plant waste pile cleanup, production well restoration, and ongoing groundwater monitoring, all directed under an active PPA with Oregon DEQ — represents costs 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.