Hagens Berman: Judge Denies Motions to Dismiss Groundwater Contamination Lawsuit Against Port of Morrow and Commercial Operators

Ruling clears path to trial for thousands of Lower Umatilla Basin residents alleging nitrate-polluted drinking water

PENDLETON, Ore.--(BUSINESS WIRE)--A federal judge denied motions to dismiss a class-action lawsuit accusing the Port of Morrow, commercial farms and operators 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, greenlights claims under the federal Resource Conservation and Recovery Act (RCRA) and Oregon state law 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.

Claims Proceeding to Trial

According to the lawsuit, 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 wastewater to local farmland in quantities allegedly exceeding what crops can absorb and during the non-growing winter months, according to the lawsuit. This runoff renders local drinking water unsafe for upwards of 45,000 residents, according to the lawsuit, and nitrate contamination can potentially lead to serious health problems, especially for children.

The Port has been publicly cited and fined for repeatedly violating its Department of Environmental Quality (DEQ) discharge permit since at least 2007.

The ruling allows claims under the federal RCRA and Oregon law to proceed, including claims for negligence, trespass and nuisance. 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 contaminated water or bear the cost of obtaining clean water,” Berman said. “We look forward to presenting the facts 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 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 and cancer, and infants face a potentially fatal condition in which nitrate consumption prevents the blood from carrying oxygen.

Read more about plaintiffs’ class-action lawsuits concerning groundwater contamination in the LUBGWMA.

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.