Federal judge clears path for Eastern Oregon nitrate pollution lawsuit to go to trial

A federal judge has cleared the path for a lawsuit accusing the Port of Morrow, a power company, and agricultural businesses of polluting the groundwater in the Lower Umatilla Basin to move forward.

In a 30-page ruling, U.S. District Court Judge Michael Simon sided with a group of Eastern Oregon residents who initially filed suit in 2024. Simon scheduled a three-week jury trial to begin in May 2027.

These Lower Umatilla Basin residents are suing Lamb Weston Holdings, Madison Ranches, the Port of Morrow, Threemile Canyon Farms, Portland General Electric and Columbia River Processing.

They accuse these businesses of violating the federal Resource Conservation and Recovery Act, a law that sets standards for the disposal of solid and hazardous waste.

“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, an attorney representing the residents, in a statement.

The seven residents suing are seeking class action status for the case — a move that would open it up to include thousands of residents in Morrow and Umatilla counties whose well drinking water has been contaminated with nitrates.