Industrial & Manufacturing cleanup site — Restorical Research
Blue Heron Lagoon
Clackamas County
Restorical Research
Preliminary Site-Specific Analysis

This property has a documented history as an industrial and manufacturing facility going back to 1908. Historical insurance policies issued during those prior operations and through 1986 could help fund the ongoing and future cleanup under Oregon DEQ oversight.

This industrial property operated as a paper mill beginning in 1908, with a documented sulfite liquor discharge of 47,700 gallons in 1951 and chlorine bleaching of pulp from 1972 to 1983 that generated dioxins and furans. Contaminated sludge ranging from 1.3 to 16.2 feet thick remains in the water-filled lagoon, containing dioxins, furans, PCBs from carbonless paper coatings, and heavy metals from de-inking operations. A Remedial Investigation was completed in 2014, but risk assessments remain under revision, and Oregon DEQ maintains active oversight through a Prospective Purchaser Agreement and Consent Order with site controls including lagoon oxygenation and a weir system. 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.

Former Use
Former Industrial & Manufacturing
LocationClackamas County
Historical UseIndustrial & Manufacturing
Est. Operating Since1908
Project StatusAssigned
Contamination & Investigation
Site Assessment Summary
ContaminantsDioxins/furans, PCBs, heavy metals, and sulfite liquor in lagoon sediment and surface water
Regulatory ProgramOregon DEQ — Cleanup Program / VCP
DEQ ECSI #5717

Why Historical Insurance Policies May Be Accessible

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 originated from paper mill operations that began in 1908, including a 47,700-gallon sulfite liquor discharge in 1951 and chlorine bleaching of pulp from 1972 to 1983 that generated dioxins and furans — all occurring well before 1986. With risk assessments still under revision, contaminated lagoon sludge reaching 16.2 feet thick requiring remediation, and Oregon DEQ maintaining active oversight, pre-1986 carriers whose policies were in effect during those operational years may be obligated to fund the substantial investigation, remediation, and long-term monitoring costs this property still faces 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.

What We Look For

  • Historical insurance policies (pre-1986)
  • Policy numbers, carrier names, and coverage periods
  • Connection between contamination timing and policy period
  • Evidence linking cleanup obligation to insured activity

What We Deliver

  • Historical Coverage Chart
  • Trigger Analysis & Property/Policy Nexus
  • Coverage strategy with recommendations
  • Insurance funding for your remediation
  • Claims Management

The Restorical Proven Process

Task 1 — Research and Analysis
Restorical searches for viable historical insurance policies, researches the site history, analyzes the contamination impacts, and underwrites potential coverage — including a proprietary trigger analysis. At the end of Task 1, we provide a clear yes or no on whether viable insurance coverage exists to fund the cleanup, along with a strategy and recommendation specific to your situation, even if you are not the policyholder.
Task 2 — Coverage and Funding
When Task 1 confirms viable coverage, Restorical works with your legal counsel to tender the claim, negotiate and secure insurance coverage. Restorical will manage the ongoing claim process, including accounting to ensure the insurance companies are funding your remediation in a timely manner.

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This analysis is preliminary and based on publicly available records. Restorical Research is not a law firm and does not provide legal advice.