This active rail corridor at Nisqually Mile Post 24.6 is operated by Union Pacific Railroad on BNSF Railway tracks. A train derailment on May 16, 2007 released petroleum contamination into groundwater, surface water, and sediment, with LNAPL identified in monitoring well MW-4 and petroleum-contaminated seeps observed discharging toward adjacent wetlands. Contaminants confirmed at the site include petroleum-diesel, non-halogenated solvents, and PAHs. The site entered the Voluntary Cleanup Program and remediation is ongoing. That history could support an insurance cost recovery claim against carriers who issued insurance policies 40+ years ago.
Pre-1986 Commercial General Liability (CGL) policies were occurrence-based and did not contain an effective pollution exclusion in Washington. 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.
This rail line traces its operational history to the Northern Pacific Railroad, which completed its transcontinental route through Washington State in 1883 — more than a century before occurrence-based Commercial General Liability policies gave way to claims-made forms with pollution exclusions. Both Union Pacific and BNSF predecessor railroads have operated continuously in Washington since the 1800s, a span during which CGL carriers routinely issued occurrence-based policies covering pollution liabilities without exclusion. The documented remediation costs at this site — addressing petroleum contamination across groundwater, surface water, and sediment — represent expenditures that historical carriers from that pre-1986 window may be obligated both to recover and 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.