Judge clears way for Lower Umatilla Basin groundwater lawsuit to proceed

PENDLETON – A putative class-action lawsuit against several industrial and agricultural entities operating in the Lower Umatilla Basin Groundwater Management Area can proceed after a federal judge largely denied the defendants’ motions to dismiss.

The lawsuit, brought by several area residents, alleges that the Port of Morrow, Lamb Weston Holdings Inc., Madison Ranches Inc., Threemile Canyon Farms LLC, Portland General Electric Co. and Columbia River Processing LLC (Tillamook) contributed to ongoing, toxic nitrate pollution in the local groundwater.

U.S. District Judge Michael H. Simon rejected the defendants’ arguments and concluded that the residents had sufficiently stated their claims. Attorneys for the plaintiffs—led by Hagens Berman Sobol Shapiro LLP alongside co-counsel Bliven Law Firm PC and Heenan & Cook—noted that the ruling greenlights claims under the federal Resource Conservation and Recovery Act (RCRA) against the defendants.

“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.”

A jury trial is currently scheduled for May 2027.

Amazon Data Services recently settled similar claims for $20.5 million.

John F. Kilkenny Post Office and District Courthouse in Pendleton