PORTLAND (LN) — U.S. District Judge Michael H. Simon denied motions to dismiss and strike a class action lawsuit alleging that the Port of Morrow, Lamb Weston Holdings, Inc., Madison Ranches, Inc., Threemile Canyon Farms, LLC, Portland General Electric Company, and Columbia River Processing, LLC contributed to nitrate contamination of drinking water in Oregon’s Lower Umatilla Basin, with specific exceptions for certain negligence per se claims.
The court’s June 5 opinion allows plaintiffs to pursue claims under RCRA and several state tort theories, including negligence, trespass, private nuisance, and inverse condemnation. The ruling clears the path for a three-week jury trial scheduled to begin May 3, 2027.
Plaintiffs, representing property owners and renters in the basin, allege that their drinking water contains unhealthy levels of nitrates that can cause birth defects, cell damage, and cancer. Many residents now rely solely on bottled water for household needs.
The court denied defendants’ motions to strike the civil conspiracy allegations, finding they were not immaterial or redundant, and held that the plaintiffs sufficiently alleged joint tortfeasor liability under Oregon law. The court ruled that plaintiffs need not plead specific elements of a traditional conspiracy claim to assert joint liability, but rather must allege facts giving rise to a plausible inference that defendants acted in concert or provided substantial assistance.
Specifically, the court held that plaintiffs sufficiently alleged that CRP, Lamb Weston, Madison, and PGE acted in concert with the Port by generating and sending high-nitrate wastewater, knowing it would be improperly disposed of. The court also held that plaintiffs plausibly alleged that CRP substantially assisted Threemile’s land applications of manure by publicly praising the practice.
On the federal RCRA claim, the court held that fertilizer applied to crops is not “solid waste” because it serves its intended purpose and is still wanted by the consumer. However, the court held that wastewater and nitrogen effluent, which are byproducts not purchased for that purpose, may qualify as solid waste when disposed of in excess of agronomic rates or during non-growing seasons.
The court also allowed plaintiffs to pursue negligence per se claims based on violations of Oregon’s Water Pollution Control law. While plaintiffs failed to state a claim against PGE, CRP, Lamb Weston, and the Port under ORS 468B.025(1)(b), they adequately alleged claims against Madison and Threemile under that subsection. Additionally, plaintiffs adequately alleged claims against the Port and Lamb Weston under ORS 468B.025(2).
Defendants’ attempts to strike the civil conspiracy allegations were denied. The court declined to strike the basin-wide class definition at this stage, noting that Threemile’s arguments regarding class certification may be raised later, with plaintiffs’ motion for class certification due by September 7, 2026.
The court also addressed the economic loss doctrine, rejecting defendants’ argument that it barred negligence claims by the two plaintiffs who rely on public water systems. The court reasoned that the lawsuit is predicated on physical contamination of the water table, a tangible public resource, rather than purely economic losses.
Medical monitoring was permitted as a potential form of injunctive relief rather than damages, as the court found plaintiffs’ request for a fund for early detection and treatment advances could be considered forward-looking injunctive relief rather than predominantly money damages.
The case is one of two related lawsuits filed by the plaintiffs; a separate action against Amazon Data Services, Inc. is currently pending, with plaintiffs and Amazon Data jointly moving for preliminary certification of a settlement class.