Years after Eastern Oregon families were warned not to drink the water coming out of their own wells, a federal judge has decided their lawsuit can finally be heard by a jury.
Allegations Only · Case Still in Litigation
The court's ruling means the plaintiffs' claims may proceed — it is not a finding that the defendants did anything wrong. The statements below remain unproven allegations. The Port of Morrow and the other remaining defendants deny liability, no class-wide judgment has been entered against them, and there is nothing for the general public to claim at this time. This page is informational and is not legal advice.
What Is This About?
A federal judge has cleared the way for a class action over decades of nitrate contamination in Eastern Oregon's groundwater to proceed toward trial. In a ruling issued in early June 2026, U.S. District Judge Michael H. Simon denied nearly all of the defendants' motions to dismiss Pearson v. Port of Morrow (Case No. 2:24-cv-00362, U.S. District Court for the District of Oregon, Pendleton Division), the case brought on behalf of residents of the Lower Umatilla Basin Groundwater Management Area.Morrow County residents first filed the suit in February 2024, and it has since grown into a putative class action that could cover thousands of area residents who depend on the contaminated aquifer. The plaintiffs allege that nitrogen-rich runoff and wastewater from nearby industrial and agricultural operations polluted the shared groundwater. The court found they plausibly alleged claims under the federal Resource Conservation and Recovery Act (RCRA) and under Oregon law for negligence, trespass and private nuisance — but it has not decided whether those allegations are true. A three-week jury trial is scheduled to begin May 3, 2027.
What the Plaintiffs Allege
For years, the aquifer beneath the Lower Umatilla Basin — which supplies drinking water to the region — has carried nitrate levels above the federal safe-drinking-water limit, a problem state regulators have tracked since the mid-1990s. The Oregon Health Authority has identified more than 600 domestic wells in the management area with unsafe nitrate concentrations, and the broader management area is home to roughly 45,000 residents.The complaint alleges that the contamination came from nitrogen-rich runoff and wastewater applied to the land by nearby industrial and agricultural operations. The plaintiffs say the pollution has damaged an entire shared water table — not just individual wells — leaving residents unable to safely drink from their taps. The defendants deny the allegations, and the court has made no finding that any of them caused the contamination.
Why the Ruling Matters
At this stage, defendants often try to end a case before trial by arguing the complaint fails to state a valid legal claim. Judge Simon rejected nearly all of those arguments. He found the plaintiffs had plausibly alleged liability under Oregon law for negligence, trespass and private nuisance, and that they had standing to sue under the federal Resource Conservation and Recovery Act, which governs the handling and disposal of solid and hazardous waste.Significantly, the court reasoned that because the alleged pollution affects an entire shared water table — a common public resource — rather than only isolated private wells, residents who rely on that groundwater could be eligible for relief. That framing is part of what allows the case to move forward as a proposed class action. None of this resolves whether the defendants are actually liable; it simply means a jury will get to weigh the evidence.
Who Are the Defendants?
The remaining defendants include the Port of Morrow, Lamb Weston Holdings, Inc., Madison Ranches, Inc., Threemile Canyon Farms, LLC, Portland General Electric Company and Columbia River Processing, LLC. The plaintiffs allege their operations contributed to the nitrogen pollution of the basin's groundwater. Each denies the allegations, which remain unproven and will be tested at trial.The Separate $20.5 Million Amazon Settlement
One original defendant has already moved to bow out. Amazon Data Services, Inc. agreed to a $20.5 million settlement to resolve the claims against it, with a motion for preliminary approval filed in late March 2026. According to the plaintiffs' attorneys, the settlement funds would go toward private well and public water infrastructure projects in the Lower Umatilla Basin Groundwater Management Area — aimed at improving access to clean water for property owners, renters and the wider community.Amazon denies that its data-center operations contributed to the groundwater contamination and agreed to the settlement without admitting wrongdoing. The Amazon agreement is separate from the ongoing litigation against the remaining defendants, and a court has not yet granted final approval. It is not an individual cash-claim program that members of the public can file for.
What Happens Next?
With the motions to dismiss denied, the case against the remaining defendants now moves into pretrial proceedings ahead of the three-week jury trial scheduled to begin May 3, 2027. The court will also continue to consider the Amazon settlement. There is no certified class-wide judgment, no open claim form, and nothing for residents to submit right now. We will update this page if the court certifies a class, rules on the Amazon settlement, or the case is otherwise resolved.Frequently Asked Questions
What did the judge decide in the Eastern Oregon water pollution case?
U.S. District Judge Michael H. Simon denied nearly all of the defendants' motions to dismiss the Lower Umatilla Basin nitrate-contamination class action, Pearson v. Port of Morrow. The court found the plaintiffs plausibly alleged claims under the federal Resource Conservation and Recovery Act and under Oregon law for negligence, trespass and private nuisance, allowing those claims to proceed toward trial. These remain unproven allegations.
Who are the defendants?
The remaining defendants include the Port of Morrow, Lamb Weston Holdings, Inc., Madison Ranches, Inc., Threemile Canyon Farms, LLC, Portland General Electric Company and Columbia River Processing, LLC. The plaintiffs allege these operations generated nitrogen-rich runoff and wastewater that contaminated the basin's groundwater. The defendants deny the allegations, which have not been proven.
Is there money to claim right now?
No. There is no open claim form for the general public. The broader case against the remaining defendants is still in litigation, with a jury trial scheduled for May 3, 2027. Amazon Data Services has separately agreed to a $20.5 million settlement directed at well and public water infrastructure in the area, but a court has not granted final approval and it is not an individual cash-claim program.
What is the Amazon $20.5 million settlement about?
Amazon Data Services, Inc. — an original defendant — agreed to a $20.5 million settlement to resolve the claims against it. According to the plaintiffs' counsel, the funds would support private well and public water infrastructure projects in the Lower Umatilla Basin Groundwater Management Area. Amazon denies that its operations contributed to the groundwater contamination. A motion for preliminary approval was filed in March 2026.
Who lives in the affected area?
The case concerns the Lower Umatilla Basin Groundwater Management Area in Morrow and Umatilla counties in Eastern Oregon, an area home to roughly 45,000 residents. The Oregon Health Authority has identified more than 600 domestic wells in the area with nitrate levels above the federal safe-drinking-water limit.
Related Coverage on Open Class Actions
For other environmental and water-contamination cases, see our coverage of the Camden EMR scrap-metal pollution class action and the Hoosick Falls PFOA drinking-water settlement.Sources
- Oregon Capital Chronicle — Federal judge allows class action over Eastern Oregon water pollution to move forward
- OPB — Federal judge clears path for Eastern Oregon nitrate pollution lawsuit to go to trial
- Oregon Capital Chronicle — Amazon to pay $20.5 million settlement over northeast Oregon nitrate pollution
- East Oregonian — Eastern Oregon groundwater contamination lawsuit moves forward
- U.S. Courts (govinfo) — Opinion and Order, Pearson v. Port of Morrow, No. 2:24-cv-00362 (D. Or.)
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