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 now set to begin September 13, 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.
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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 are the Port of Morrow, Lamb Weston Holdings, 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. Madison Ranches, Inc., originally a defendant in the same case, has agreed to settle, and the case against it is stayed while the court considers that deal.The Separate $20.5 Million Amazon Settlement
Amazon Data Services, Inc. agreed to a $20.5 million non-reversionary settlement in a separate case, Pearson et al. v. Amazon Data Services, Inc., No. 2:26-cv-00633, which Judge Simon preliminarily approved on June 12, 2026. The class is everyone who currently owns or rents property or lives in the Lower Umatilla Basin Groundwater Management Area. The money is to fund two kinds of projects: private well projects that extend qualifying drinking-water wells to the deeper basalt aquifer, for households that later submit a claim form and whose recent well testing shows elevated nitrate, and public infrastructure projects such as extending water lines, adding clean sources for utilities and treating wastewater, which need no claim form. An allocation plan and claim form are to come later, subject to court approval.The deadline to opt out of the Amazon settlement passed on September 8, 2026, and the deadline to object passed on October 8, 2026. The fairness hearing is January 12, 2027 at 10:00 a.m. in Portland. The plaintiffs allege Amazon’s data centers sent high-nitrate cooling wastewater to the Port of Morrow and irrigation canals; Amazon denies any wrongdoing or liability and says it does not add nitrogen or nitrates to that water.
The $6.2 Million Madison Ranches Settlement
Madison Ranches, Inc., which the plaintiffs allege runs a 17,000-acre farm in Morrow and Umatilla counties that land-applied high-nitrogen wastewater and over-applied fertilizer, agreed to a $6.2 million settlement in the main case. Judge Simon preliminarily approved it on September 9, 2026, over Lamb Weston’s opposition. Its class is narrower than Amazon’s: people who own, rent or live at property supplied with water by a private well in the management area. The money is to help those households extend wells to the deeper aquifer or connect to public water systems, and may also help pay water bills and fund a medical monitoring program. Madison also agreed to end certain practices and continue others to reduce the risk of nitrogen pollution.The opt-out deadline is December 8, 2026, the objection deadline is January 7, 2027, and the fairness hearing is March 22, 2027 at 10:00 a.m. Madison Ranches denies any wrongdoing or liability and says its operations comply with applicable law and best management practices. Neither settlement has opened a claim form or set a claim deadline; the official settlement website says notice will be sent when claim forms can be submitted.
What Happens Next?
The court moved the trial twice; under an August 28, 2026 case management order, the three-week jury trial against the remaining defendants is now set to begin September 13, 2027. Oral argument on the plaintiffs’ motion for class certification is set for January 11, 2027. The Port of Morrow moved for summary judgment on October 1, 2026, and Portland General Electric joined. Lamb Weston has brought J.R. Simplot Company and Shearer’s Foods into the case as third-party defendants, and both have moved to dismiss. The plaintiffs also filed notice of a global mediation session in September 2026. The Amazon fairness hearing is January 12, 2027 and the Madison Ranches fairness hearing is March 22, 2027. There is no class-wide judgment and no open claim form.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 are the Port of Morrow, Lamb Weston Holdings, Inc., Threemile Canyon Farms, LLC, Portland General Electric Company and Columbia River Processing, LLC. Madison Ranches, Inc. has agreed to a separate $6.2 million settlement, and the case against it is stayed while the court considers that deal. 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?
Not yet. Neither settlement has opened a claim form or set a claim deadline; the settlement website says notice will be sent when claim forms can be submitted. The case against the remaining defendants is still in litigation, with a jury trial set for September 13, 2027.
What is the Amazon $20.5 million settlement about?
Amazon Data Services, Inc. agreed to a $20.5 million non-reversionary settlement, which the court preliminarily approved on June 12, 2026. The money is to fund private well projects that reach the deeper basalt aquifer for qualifying households, and public water and wastewater infrastructure projects in the Lower Umatilla Basin Groundwater Management Area. The opt-out and objection deadlines have passed, and the fairness hearing is January 12, 2027. Amazon denies any wrongdoing or liability.
What is the Madison Ranches $6.2 million settlement?
Madison Ranches, Inc. agreed to a $6.2 million settlement, preliminarily approved on September 9, 2026, for people who own, rent or live at property served by a private well in the management area. The money is to help extend wells or connect homes to public water, and may also help pay water bills and fund a medical monitoring program. Opt-outs are due December 8, 2026, objections January 7, 2027, and the fairness hearing is March 22, 2027. Madison Ranches denies any wrongdoing or liability.
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
- Official settlement website (Epiq) — Pearson v. Amazon Data Services and Pearson v. Port of Morrow settlements
- Order granting preliminary approval of the Amazon settlement, No. 2:26-cv-00633 (D. Or. June 12, 2026)
- Order granting preliminary approval of the Madison Ranches settlement (ECF 304, Sept. 9, 2026) and Third Amended Case Management Order (ECF 273, Aug. 28, 2026), Pearson v. Port of Morrow, No. 2:24-cv-00362 (D. Or.)
- U.S. Courts (govinfo) — Opinion and Order, Pearson v. Port of Morrow, No. 2:24-cv-00362 (D. Or.)
