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Hagens Berman: Oregon Judge Recommends Allowing Claims to Continue in Lawsuit Alleging Nitrate-Polluted Groundwater

By: via Business Wire

Law firms fighting on behalf of tens of thousands of Oregonians plan to amend complaint and forge ahead on behalf of those affected by nitrate contamination

An Oregon federal judge issued findings and recommendations regarding motions to dismiss a lawsuit accusing the Port of Morrow, large commercial farms and confined animal feeding operations (CAFOs) of contaminating groundwater in northeast Oregon, according to attorneys at Hagens Berman, Bliven Law Firm and Heenan & Cook.

On Feb. 24, 2025, U.S. Magistrate Judge Andrew Hallman issued an 80-page order recommending that claims under the federal Resource Conservation and Recovery Act and Oregon law — including claims for negligence, trespass, nuisance and inverse condemnation — be allowed to proceed despite defendants’ arguments that those claims should be dismissed. Attorneys estimate the dumping of nitrogen onto land throughout Morrow and Umatilla Counties affects upwards of 46,000 residents in Oregon’s Lower Umatilla Basin, many of whom are children.

Groundwater & Legal Landscape

The lawsuit was originally filed in the U.S. District Court for the District of Oregon on Feb. 28, 2024, on behalf of residents of the Lower Umatilla Basin Groundwater Management Area. It alleges that defendants routinely over-apply commercial fertilizer, animal manure, or nitrogen-rich industrial wastewater to fields, and/or allow contaminated wastewater to leach from storage receptacles. It also alleges that defendants who are operating under permits issued by the Oregon Department of Environmental Quality (DEQ) have repeatedly and intentionally violated their permits. Between Nov. 1, 2023, and Jan. 11, 2024, alone, the Port of Morrow violated its permit at least 395 times, the lawsuit states. The suit alleges that nitrogen converts into nitrates, which contaminate the groundwater in the region, and that drinking water with excessive nitrates can cause a range of health problems, including cancer, miscarriages, and infant methemoglobinemia, a potentially fatal blood oxygen disorder.

While Judge Hallman allowed many key claims to continue because “Plaintiffs have plausibly alleged that the groundwater discharges are substantial and unreasonable,” he recommended dismissal of the plaintiffs’ negligence per se claim, renters’ public nuisance claim and a request for the remedy of medical monitoring. But he recommended granting the plaintiffs leave to amend to justify seeking a medical monitoring remedy and to allege facts supporting the other dismissed claims.

“We are grateful to the court for its thoughtful critique of our case and detailed analysis of our claims,” said Steve W. Berman, managing partner and co-founder of Hagens Berman. “Judge Hallman’s ruling is a clear statement that Lower Umatilla Basin residents have rights, and that Oregon’s federal court has jurisdiction to hear this case. No one in the United States should be required to use bottled water as a result of pollution from others as our clients have had to do. It’s that simple.”

“We look forward to responding and amending our complaint to address the concerns Judge Hallman presented,” Berman added. “In unsuccessfully seeking dismissal, defendants complained that our clients had not named all polluters and accused us of picking on them unfairly. They are all major contributors, and when we amend our complaint, we will be adding other major polluters, including PGE, Tillamook and others.”

Oregon’s Groundwater at Risk

The case seeks to highlight the history of groundwater pollution in the Lower Umatilla Basin, which involves decades of inaction by state agencies. During that time, groundwater pollution in the region has worsened, and some residents rely on wells whose nitrate levels are seven times higher than the EPA’s safety threshold for nitrates. State agencies are now encouraging residents to have their wells tested and providing bottled water for some residents whose water is unfit to drink, but they have been unable to stop the pollution or provide permanent solutions for affected residents.

“We believe our clients properly seek to use the Resource Conservation and Recovery Act provisions as designed — to bring citizen suit enforcement of federal claims where the state and federal government have declined to act," Berman said.

Earlier this month, Oregon Rural Action, a nonprofit dedicated to the wellbeing of Oregon communities and the environment, published a letter to Oregon Governor Tina Kotek, regarding the Executive Order 25-02, which declared a “state of emergency due to risk of economic shutdown” at the Port of Morrow in the Lower Umatilla Basin Groundwater Management Area. The letter argued that the executive order unjustly “prioritize[ed] the economics of big industry” over “the health and wellbeing of rural Oregonians.”

Find out more about Hagens Berman’s lawsuit against the Port of Morrow, commercial farms, and CAFOs on behalf of Oregonians living with contaminated water.

About Hagens Berman

Hagens Berman is a global plaintiffs’ rights complex litigation law firm with a tenacious drive for achieving real results for those harmed by corporate negligence and fraud. Since its founding in 1993, the firm’s determination has earned it numerous national accolades, awards and titles of “Most Feared Plaintiff’s Firm,” MVPs and Trailblazers of class-action law. More about the law firm and its successes can be found at hbsslaw.com. Follow the firm for updates and news at @ClassActionLaw.

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