This site encompasses the maintenance dredging program operated by the Urban Flood Safety and Water Quality District (formerly Multnomah County Drainage District) across the Columbia Slough, Salmon Creek, and Arata Creek systems in Multnomah County. Contaminated sediment encountered during flood control dredging is linked to the historical industrial pollution documented in the Columbia Slough Remedial Action Record of Decision (ECSI #1283), with hazardous substances confirmed in sediment, groundwater, and surface water. Oregon DEQ signed a VCP Letter Agreement with the District in June 2024 establishing continued environmental oversight of the dredging program, and active work continued into 2025 with the Salmon Creek pump forebay dredging project. 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 the District encounters in these waterways originated from decades of industrial activity along the Columbia Slough corridor, well before 1986. The ongoing and future costs of handling contaminated sediment under Oregon DEQ oversight — including dredging, characterization, disposal, and environmental monitoring across the Columbia Slough, Salmon Creek, and Arata Creek systems — represent substantial obligations that historical pre-1986 carriers may be required 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.