Hagens Berman: $6.2M Settlement Reached with Madison Ranches, Inc. Over Alleged Nitrate Groundwater Contamination in Oregon’s Lower Umatilla Basin Ground Water Management Area (LUBGWMA)

Parties call on others in the community to step forward and be part of the solution.

PENDLETON, Ore.--(BUSINESS WIRE)--Madison Ranches Inc. has reached an agreement resolving legal claims relating to the LUBGWMA area groundwater, according to Hagens Berman and its co-counsel, Bliven Law Firm and Heenan & Cook.

Under the agreement, $6.2 million will be paid into a settlement fund, and Madison Ranches agrees to continue using numerous Best Management Practices in the management of water it receives from the Port of Morrow and others. Attorneys representing the plaintiffs negotiated the settlement on their behalf. The settlement brings an end to contested litigation with Madison Ranches, but other defendants remain.

“We appreciate Madison Ranches’ commitment to the community as shown in this settlement. Rather than fighting about who made the mess, Madison Ranches stepped up to help address the nitrate pollution problem. But our work is not over,” said Steve Berman, managing partner and founder of Hagens Berman and co-counsel for the proposed class of plaintiffs. “We will continue to prosecute the case against the other defendants who have deeper pockets – the Port of Morrow, Lamb Weston, Threemile Canyon Farms, Portland General Electric and Columbia River Processing.”

Under the settlement, Madison Ranches has committed to continue using specific farming practices that are proven to contain nitrate/nitrogen applications. These best management practices for nitrogen management include: conducting pre-plant soil nitrogen/nitrate testing, measuring the application of all nitrogen-containing materials to its fields, measuring all irrigation applied to its fields, conducting post-harvest soil nitrogen/nitrate testing, and engaging in robust crop rotation.

“These practices we have been employing go far beyond customary fertility management in this region, and provide us with near real-time data to make in-season changes and season-to-season changes in how we manage our fertility program.,” said Jake Madison, President of Madison Ranches. “We encourage leadership at the State, Regional, and Department levels to start making understanding and solving this problem a top priority. Three decades is too long to have been battling this issue. Science exists to fully understand this issue and develop targeted solutions for each region. We need to employ science and reason that spur the right actions.”

“There is without a doubt a nitrate problem in this community dating back decades: the DEQ recognized the problem when I was in grade school. We have been involved in trying to find solutions to this issue for decades, and rather than continue to litigate, we chose to put our resources towards a solution,” said Madison.

The settlement amount will be put into a settlement fund to assist homeowners and others in obtaining property enhancements including deeper wells, water filtration systems and funds to pay water bills for residents who connect to city water systems.

The LUBGWMA was created by the Oregon Department of Environmental Quality in 1990 to address elevated nitrate levels found in drinking water. It covers 562 square miles in northern Morrow and Umatilla counties and is home to approximately 45,000 residents, including thousands with private wells.

Settlement Information for Residents

Residents do not need to take any action at this time. If the court grants preliminary approval of the settlement, a settlement website will be established by a court-appointed settlement administrator, and eligible residents will be notified with further information.

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.