This property in Multnomah County is impacted by PFAS contamination — specifically PFOS and PFOA exceeding EPA maximum contaminant levels in groundwater — originating from historical firefighting foam (AFFF) use at the neighboring Oregon Air National Guard facility. A Phase II Environmental Site Assessment completed in June 2025 confirmed PFAS in reconnaissance groundwater samples, with a PFAS hazard index exceeding 1.0 and groundwater encountered at 9 to 12.5 feet below ground surface. Oregon DEQ accepted the site into the Voluntary Cleanup Program in May 2026, and a draft Contaminated Media Management Plan outlines extensive remediation ahead, including contaminated soil disposal at Subtitle C and D landfills and a dewatering treatment system for PFAS-impacted groundwater. 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 PFAS contamination affecting this property traces to AFFF firefighting chemicals used at the adjacent military facility during operations that predate 1986. The cleanup costs this property still faces — soil excavation and off-site disposal, groundwater dewatering and treatment, and long-term monitoring under Oregon DEQ's Voluntary Cleanup Program — are substantial future obligations 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.