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Oregon Groundwater Contamination Class Action Lawyer

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Residents in Morrow and Umatilla counties in Oregon, whose primary source of drinking water is a residential well or public water system, are drinking contaminated water. This contamination occurs when commercial farms, the Port of Morrow, and confined animal feeding operations (CAFOs) dump nitrogen throughout these counties, contaminating the groundwater. If you live in these counties, an Oregon groundwater contamination class action lawyer can help.

Bliven Law Firm, P.C.: Representing Oregon Residents Dealing With Harmful Pollutants

At Bliven Law Firm, P.C., we believe that those who cause harm through negligence or intentional misconduct should be held accountable. Along with co-counsel Hagens Berman and Heenan & Cook, Bliven Law Firm, P.C., is representing the residents in Morrow and Umatilla County in this class action case. The parties that polluted the groundwater in these areas should be held accountable for the sickness and harm they caused to individuals and families.

Our firm has served Oregon for over 35 years in personal injury, mass torts, and class action cases. We fight for your rights as residents of Umatilla and Morrow Counties, providing you with fierce representation and compassionate advice.

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These cases can be complex to understand, and we want to give you a straightforward understanding of the situation. Class action claims do not work the same as other individual civil claims, but you can still benefit from the result. Bliven Law Firm, P.C. can explain how. When you work with our team, you entrust your case to our team of professionals, and we help you understand what you could recover.

Understanding the Groundwater Contamination Case

The class action case accuses CAFOs, commercial farms, and the Port of Morrow of contaminating the groundwater supply in Oregon’s Lower Umatilla Basin.

According to the Oregon Department of Environmental Quality (DEQ), about 95% of the nitrate groundwater pollution in this area can be linked to the disposal and treatment of industrial wastewater, agriculture irrigation, and CAFOs. This includes 70% from irrigated farmland and 13% from large dairy and cattle farm CAFOs.

This is an egregious act of misconduct that affects thousands of individuals and families, including numerous vulnerable residents. These companies and entities must be held accountable for their inexcusable failure to follow regulatory standards and the harm caused to so many people.

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The Magnitude of the Case

This case represents the residents of Umatilla and Morrow counties. We estimate that the contamination affects as many as 46,000 residents of the counties and largely impacts children. These parties are contaminating the groundwater with excess nitrogen, which becomes nitrates in the soil. This can increase the risks of numerous health concerns for many individuals, particularly infants and pregnant women. The polluted water can lead to sickness and even death.

Who Is Affected by Contaminated Groundwater?

The Lower Umatilla Basin is located 160 miles east of Portland and covers about 562 square miles of land in the northern areas of both Morrow and Umatilla counties. If you own or rent property in these counties and your water source is primarily residential wells or a public water system, your water may have been contaminated.

Up to 4,500 private wells access the contaminated aquifer. 450 residential wells in the groundwater management area (GMA) have been tested and have high nitrate levels, which exceed the federal safety standards. Oregon cities that are potentially affected by nitrate groundwater pollution include:

  • Boardman
  • Hermiston
  • Irrigon
  • Echo
  • Stanfield

More than 10,000 children are estimated to live in the Umatilla GMA, and children are at a much higher risk for serious health complications.

How the Groundwater Has Been Contaminated

The contamination of nitrates in the groundwater does not visibly affect the water, but contamination is well above safe levels. The Environmental Protection Agency (EPA) establishes that the safe level of nitrates in water is 10 milligrams per liter, and the limit in the state of Oregon for the GMA is seven milligrams per liter.

One plaintiff in the class action claim tested his well and found a nitrate level of 46.8 milligrams per liter. Other residents have tested and found between 25 and 37 milligrams per liter. The class action claim against the defendants, including the Port of Morrow, CAFOs, and commercial farms, alleges that:

  1. These parties overused commercial fertilizers, nitrogen-rich industrial wastewater, and/or animal manure in fields
  2. These parties allowed wastewater to overflow or leak from storage containers
  3. These parties frequently and purposefully violated the permits that were granted by the Oregon DEQ

The permits issued by the DEQ allow these parties to dump a certain amount of these contaminants. The Port of Morrow has violated its permit many times, dumping more excess nitrogen-rich wastewater than allowed by its permit. The DEQ has fined the Port for violations. The claim states that in the two-and-a-half months from November 1, 2023, to January 11, 2024, the Port of Morrow violated its permit at least 395 times.

What Are the Health Consequences of Nitrate Pollution?

The groundwater in Morrow and Umatilla Counties has significant levels of nitrates. This has been an issue for decades and has happened in large part due to the excess nitrogen dumped by the Port of Morrow, commercial farms, and CAFOs. Increased nitrogen levels convert to nitrates, and increased nitrate levels in drinking water have numerous health effects, particularly for infants, children, and pregnant women.

The primary adverse health effects associated with nitrate pollution and ingestion include:

  • Cancer, specifically colorectal cancer. Nitrate pollution in the U.S. is an attributed cause of between 2,300 and 12,594 cancer cases in the nation.
  • Thyroid disease and dysfunction. Nitrate pollution primarily leads to hypothyroidism or an underactive thyroid.
  • Methemoglobinemia.  A potentially fatal condition that affects the blood oxygen levels in infants.
  • Neural tube defects. This can lead to birth defects or miscarriages.

If you or a loved one has symptoms of nitrate pollution, it is crucial that you get medical care.

  • In Morrow County, the Pioneer Memorial Hospital is located at 564 E Pioneer Drive in Heppner, Oregon.
  • In Umatilla County, the Good Shepherd Health Care System is located at 610 NW 11th Street in Hermiston, and the CHI St. Anthony Hospital is located at 2801 St. Anthony Way in Pendleton, Oregon.

What Does the Class Action Claim Seek to Do?

You have rights that should be protected. The claim against these parties seeks to do the following:

  1. Require the Port of Morrow, CAFOs, and commercial farms to act to assess and remedy this contamination caused by their alleged actions and take action to prevent further contamination under the Resource Conservation and Recovery Act.
  2. Claims against these parties for negligence, public and private nuisance, and trespass, as well as inverse condemnation, which is a claim for the damaging of private property by the government without eminent domain
  3. Secure injunctive relief that requires the defendants to stop the contamination
  4. Obtain compensatory damages for the residents affected by the contamination.
  5. Create a program for monitoring the health and wellness of the affected counties to assess, diagnose, and treat the sicknesses caused by the contamination.

Our attorneys are working hard to fight for the rights of residents in Umatilla and Morrow Counties.

How Does a Class Action Claim and a Lawyer Help Me?

A class action claim allows multiple individuals to file a civil claim as a group against a single entity that may ignore the complaints of individual citizens. The group of affected individuals can strengthen their claim by pooling their resources, experiences, and information. Through this collective action, it is easier for citizens to hold large corporations accountable for their negligence or intentional misconduct and recover damages for the harm done to them.

A class action claim supports affected citizens even when they do not join the class action. If you are an affected resident in Umatilla or Morrow County, and the court determines you were covered by the claim, then you will see the benefits of a successful claim. You can still provide information to an attorney on the case and bring additional information and support to the claim.

Our firm provides legal representation, resources, and support for those in this class action claim. We can help you determine if you are likely to qualify for the benefits of a successful class action claim and review the specifics of your situation. Your information could provide additional data and information for the case. We can help you understand what you can do and keep you informed about the case.

Get Experienced Support and Join the Class Action Claim for Groundwater Contamination in Oregon

The team at Bliven Law Firm, P.C., can help you if you are harmed by the pollution caused by CAFOs, commercial farms, and the Port of Morrow. If you are a resident of the northern areas in Morrow or Umatilla County, and you believe your groundwater was contaminated, get in contact with our firm. Our priority is you and your interests.

Your information can support the existing class action claim and hold these entities accountable for their egregious misconduct. While the claim cannot undo the harm that was done, it can provide accountability, bring you certain damages, and establish support for you and your loved ones. Let Bliven Law Firm, P.C., help you navigate this process and find the support you need.

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