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legal Action on Water Pollution in Eastern Oregon

Oregon Public Broadcasting originally published this article.

The legal landscape surrounding water quality in Eastern Oregon is heating up as a new lawsuit against some of the region’s most influential agricultural enterprises unfolds. This legal action focuses on the pressing issue of drinking water pollution, which has significant implications for both residents and the environment.

Background of the legal Case

On December 5, attorneys representing four residents of the Lower Umatilla Basin filed a federal lawsuit targeting Portland General Electric (PGE) and Columbia River Processing, the latter being a subsidiary of Tillamook Creamery located in Morrow County. The lawsuit alleges that these entities are responsible for contaminating the area’s groundwater by discharging nitrate-laden wastewater into the Port of Morrow.

The Port, in turn, redistributes this wastewater to local farms, where it is utilized as fertilizer for various agricultural fields. This interconnection raises concerns not only about the immediate risks to water quality but also about the long-term ecological impacts.

Continuing legal Challenges

The December suit follows a significant legal battle initiated in 2024, which accused similar parties—including the port, various farms, and food processors—of contributing to the degradation of the groundwater in the Lower Umatilla Basin. This ongoing legal saga highlights the growing frustration of residents and advocates who demand accountability from major corporations.

Steve Berman, the lead attorney representing the residents, stated, “We believe Portland General Electric and Tillamook need to do right by their Oregon communities and cease all practices contributing to this contamination.” The call for corporate responsibility underscores the urgent need for systemic change in how agricultural businesses manage wastewater.

Response from Portland General Electric and Tillamook Creamery

As of now, a representative from PGE has declined to comment on the lawsuit. Likewise, Tillamook Creamery has not provided a timely response to inquiries surrounding their involvement in the case. The absence of communication from these corporations adds a layer of complexity to an already contentious issue.

Health Risks and Historical Context

Nitrates, common components in fertilizers and wastewater, pose severe health risks. High levels of nitrate consumption can lead to serious medical conditions, including cancer and kidney disease, with infants and pregnant individuals being particularly susceptible. Alarmingly, the state has recognized the issue of nitrate pollution in Eastern Oregon for over 35 years.

In 1990, Oregon designated parts of western Umatilla County and northern Morrow County as the Lower Umatilla Basin Groundwater Management Area. Despite this designation, nitrate levels have consistently risen, exacerbating public health concerns.

Agriculture as a Leading Contributor

Research has shown that irrigated agriculture is the primary driver of nitrate pollution in the region. Many of these agricultural practices rely heavily on fertilizers and wastewater to maximize crop yields, resulting in excess nitrates leaching into the soil and aquifers. Food processing plants and livestock farms further contribute to the issue, intensifying the demand for regulatory action.

The lawsuit specifically identifies PGE’s Coyote Springs power plant and Columbia River Processing as principal polluters within the landscape of Eastern Oregon’s water crisis. The plaintiffs argue they have directly suffered harm due to their proximity to farms utilizing contaminated wastewater for crop fertilization.

Vulnerable Populations and Water Safety

Many of the residents in the basin rely on private wells for their drinking water, placing them at additional risk for nitrate pollution, as these wells are typically not subject to the stringent water quality standards enforced on municipal systems. Among the plaintiffs, Michael Pearson and Jeffrey Fleming both depend on private wells, while Rosa Cavasos and Jon Haley receive their water from city systems.

After learning about local nitrate contamination, Cavasos and Haley have resorted to purchasing bottled water for safe consumption. The Oregon Department of Environmental Quality has flagged both Boardman and Irrigon’s water supplies as having substantial nitrate risks, thus raising further alarm regarding public health and safety.

Potential Outcomes of the Lawsuit

Should the jury side with the residents of the basin, there could be significant repercussions for both PGE and Tillamook. In addition to financial compensation, the companies may be obligated to implement changes in their operational practices to mitigate further contamination.

Moreover, the lawsuit seeks to classify well water owners and municipal water users as classes eligible to join the complaint, which could dramatically expand the number of plaintiffs involved.

Aim for Economic and Health Solutions

While efforts to connect basin residents with clean water are already in progress, the lawsuit aims to ensure that the companies responsible for the contamination cover the costs associated with connecting residents to municipal systems or drilling deeper wells. In addition, the companies would be tasked with establishing a medical monitoring program for residents utilizing private wells—a proactive step in safeguarding public health.

legal Proceedings and the Future

This most recent lawsuit was filed as another serious lawsuit from 2024 makes its way through the court system. The defendants in that case have sought to dismiss the complaint by arguing that the federal courts lack jurisdiction over nitrate regulation, insisting that such authority lies with state agencies like the DEQ and the Oregon Department of Agriculture.

In March, a significant legal victory occurred for the plaintiffs when a federal judge in Pendleton allowed the lawsuit to proceed, referring it to federal court in Portland.

The Role of AI legalese decoder

In navigating the complexities of such legal proceedings, tools like AI legalese decoder can significantly assist affected residents and advocates. This innovative platform helps demystify intricate legal jargon and concepts, allowing individuals to better understand their rights and the implications of ongoing legal actions. By simplifying legal language, the AI legalese decoder ensures that affected parties can actively participate in discussions and decision-making processes regarding their health and environment.

This story is republished from the Oregon Capital Chronicle, a nonprofit, nonpartisan news outlet that provides original reporting, analysis, and commentary on Oregon state government and politics.

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