Judge Denies Motions to Dismiss in Groundwater Contamination Lawsuit Against Port of Morrow and Commercial Farms in the LUBGWMA
PENDLETON, Ore. – A federal judge denied motions to dismiss a class-action lawsuit accusing the Port of Morrow, commercial farms and confined animal feeding operations of contaminating groundwater in Oregon's Lower Umatilla Basin Groundwater Management Area (LUBGWMA), according to attorneys at Hagens Berman and co-counsel Bliven Law Firm and Heenan & Cook.
The ruling, issued June 5, 2026, by U.S. District Judge Michael H. Simon of the District of Oregon, allows claims under the federal Resource Conservation and Recovery Act (RCRA) and Oregon state law to proceed against defendants Port of Morrow, Lamb Weston, Portland General Electric, Columbia River Processing, Madison Ranches and Threemile Canyon Farms. The court has scheduled a three-week jury trial to begin May 3, 2027.
"This ruling is a significant win for the thousands of residents in Morrow and Umatilla counties who have waited years for safe drinking water and for someone to be held accountable," said Steve Berman, managing partner and co-founder of Hagens Berman. "Today, the court has ensured their case will be heard."
Find out more about the lawsuits on behalf of area residents dealing with contaminated water.
Defendants' Alleged Roles & Claims Proceeding to Trial
The Port of Morrow operates an industrial wastewater treatment facility whose tenants — including Lamb Weston, Portland General Electric and Columbia River Processing — generate nitrogen-rich wastewater that they send to the Port for disposal. The Port pumps the wastewater to local farmland in quantities allegedly exceeding what crops can absorb and during the non-growing winter months, according to the lawsuit. The Port has been publicly cited and fined for repeatedly violating its Department of Environmental Quality (DEQ) discharge permit since at least 2007.
Lamb Weston also runs an industrial wastewater treatment and disposal facility and applies its nitrogen-heavy wastewater on its own farmland and on fields belonging to Madison Ranches, according to the complaint. Threemile Canyon Farms operates concentrated animal feeding operations (CAFOs) and allegedly discards the waste generated by those CAFOs in ways that pollute groundwater.
The ruling allows claims under the federal RCRA and claims for negligence, trespass and nuisance under Oregon state law.
The court also allowed plaintiffs' request for the remedy of medical monitoring to proceed under both federal and Oregon law, aimed at promoting early detection and treatment of diseases linked to excess nitrate exposure.
"Residents should not have to tolerate continued exposure to contaminated water or bear the cost of obtaining clean water," Berman said. "We look forward to presenting this case to a jury."
Hagens Berman and co-counsel previously announced a $20.5 million settlement reached with Amazon Data Services over similar allegations arising from its data center operations in the region. That settlement is currently pending court approval.
The LUBGWMA encompasses 562 square miles in northern Morrow and Umatilla counties and is home to approximately 45,000 residents. Thousands of residents with private wells face nitrate-contaminated tap water so severely polluted that it is unsafe to drink, forcing them to rely on bottled water. At elevated levels, nitrates can cause birth defects, cellular damage, cancer, and infants face a potentially fatal condition in which nitrate consumption prevents the blood from carrying oxygen.
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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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