Boardman Residents Sue Polluters Over Contaminated Drinking Water


A review of 30 recent studies lists the most prevalent risks associated with
ingesting nitrates as blue baby syndrome (methemoglobinemia), colorectal cancer,
thyroid disease, and neural tube defects, even at levels below regulatory limits.


The State of Oregon and federal agencies have known for more than 30 years that there was a serious problem with industrial and agricultural pollution of the water in Morrow and Umatilla Counties, yet residents of those counties are saying that next to nothing has been done about it.

On February 28th of this year, five Boardman residents filed a class action lawsuit in federal district court in Pendleton accusing the Port of Morrow, Lamb Weston, Madison Ranches, Threemile Canyon Farms—a 70,000-cow megadairy that supplies most of the milk for Tillamook's products—and Beef Northwest Feeders of contaminating groundwater in Oregon’s Lower Umatilla Basin by dumping nitrogen throughout Morrow and Umatilla Counties. Attorneys estimate the issue affects upwards of 46,000 residents, many of whom are children.

Morrow and Umatilla County residents holding signs met with Oregon
Senator Jeff Merkley (back row, center) to discuss contaminated water in January of 2023.

Since 2017, I've written on Good Stuff NW about the damage caused by industrial agriculture starting with a post titled "Why I'm Quitting Tillamook Cheese." That post became the basis of an article for the news website Civil Eats, "'Big Milk' Brings Big Issues for Local Communities" which connected the dots between industrial agriculture and the health of the communities—along with the air and water—around these facilities, especially when, as in Oregon, they are regulated as "farms" and not the industrial facilities they actually are. Even back in 2017, the Oregon Department of Agriculture admitted that some wells used for drinking water contained nitrate levels over the federal maximum allowed.

A review of research published in the International Journal of Environmental Research and Public Health in 2018 analyzed more than 30 recent studies on the effects of nitrates in drinking water, listing the most prevalent risks as blue baby syndrome (methemoglobinemia), colorectal cancer, thyroid disease, and neural tube defects, adding that "many studies observed increased risk with ingestion of water nitrate levels that were below regulatory limits." [Emphasis mine.]

“Defendants have dumped, and continue to dump, millions of pounds of nitrogen onto land in Morrow and Umatilla counties,” the lawsuit said. “Nitrogen in the ground converts into nitrates, which then percolate down to the water table in the Lower Umatilla Basin, polluting the subterranean aquifer on which plaintiffs and class members rely for their water.”

Manure lagoons at some industrial farms in the area can cover as much as 20 acres.

In an article in the Capital Press, Boardman resident Michael Pearson, one of the plaintiffs in the suit, said that his family relies on a private well. When he had his water tested in 2022, he was shocked to discover it contained many times over the nitrate level considered safe by federal authorities. When he had a filtration system installed to treat the water, it still remained well over the federal maximum.

Two other plaintiffs, Michael and Virginia Brandt, discovered their water was contaminated when they had it tested, but they couldn’t afford a filtration system. James and Silvia Suter said that nitrate levels in the water coming out of their taps is four times the federal maximum, but when they looked into drilling a well deeply enough to get to uncontaminated water, the cost was quoted at $24,000.

For many years nitrate levels in some drinking water wells in the Lower Umatilla Basin
have tested several times over the federal maximum.

Oregon Public Broadcasting interviewed Steve Berman, a lawyer for the plaintiffs, where Berman compared the nitrate pollution in the Lower Umatilla Basin to the drinking water crisis in Flint, Michigan, where thousands of people were exposed to lead and other contaminants through the municipal water system.

"There's some very powerful agri-businesses and the port, they make a ton of money off dumping this polluted water, and they have a lot of clout. So no, I wasn't surprised," Berman said in an interview with KGW-TV for their "Tainted Waters" series. "I think it's gone on so long because a lot of the victims are low-income minorities who can't afford to hire lawyers, don't have a voice in politics. As I said earlier [in the interview] if this was happening to a wealthy suburb of Portland, it would have been stopped years ago.”

The plaintiffs are hoping not only to gain compensation from the defendants, but also to require them to clean up the basin's soil and groundwater, to get residents connected to a clean source of water, and begin medical testing of residents for health issues related to nitrate contamination.

Top photo: Sprinklers spraying wastewater at Threemile Canyon Farms (from its Facebook page). Photo of Sen. Jeff Merkley meeting with residents who are experiencing contaminated water. Photo of manure lagoon at Threemile Canyon Farms from Friends of Family Farmers.


Disclaimer: One of the defendants in the lawsuit, Beef Northwest, is the current incarnation of the Wilson ranch, founded by my great-grandfather in North Powder, Oregon, in 1889.

Tillamook Plant in Boardman the Latest Coronavirus Hot Spot

Outbreaks of COVID-19 have been common at food processing and meatpacking plants across the country, sickening and killing emplyees working shoulder-to-shoulder in enclosed buildings, often without the personal protective equipment (PPE) or proper air circulation needed to keep them safe and prevent the spread of the disease.

In the latest outbreak here in Oregon, the Oregon Health Authority reported on Tuesday (7/7) that 22 people were sickened at the Columbia River Processing plant that produces cheese and dairy products for the Tillamook County Creamery Association (TCCA). The report said that number may include household members and other close contacts to employees. An outbreak is defined by two or more cases linked to a common place.

The OHA's Joell Archibald said the agency was notified of the first positive test from an employee at the Tillamook plant on June 16th, almost three weeks ago, and began working with county and municipal public health staff in the area. She said that prior to the coronavirus pandemic, the names of employers would not normally have been released, but that under pressure from media and the public, state leaders decided on publicly releasing the names of companies where 5 or more cases were linked to a single employer; when the case count (including contacts) reaches 20, the company's name goes on a list in the OHA daily report.

OHA public information officer Timothy Heider said that an employer is notified by the employee when the employee receives a positive test result for the virus. Heider said that when the Oregon Department of Agriculture visited the plant on June 17, it was determined that there was adequate PPE and at that point "the company implemented containment control measures such as physical distancing and face coverings for employees." He also said that no deaths from the outbreak at the plant have been reported as of July 9th.

According to the procedures agreed on by state leaders, though, neither the employee's co-workers nor the community at large were informed until the 5-case threshold was met and the employer's name was released publicly. In short, this means that those workers and their contacts could be circulating in the community—shopping at the same stores and touching the same door handles, for instance—for days until the threshold is met.

Stand Up to Factory Farms, a coalition of local, state and national organizations concerned about the harmful impacts of mega-dairies—Tillamook is dependent on giant factory farm dairies for its milk supply—issued a statement today that said this outbreak  “underscores the vulnerability of the factory farm system and the workers in it. As cases continue to increase, it's unconscionable that Oregon is moving forward with permitting a new mega-dairy, Easterday Farms, that will exacerbate the extreme consolidation putting workers at risk. Oregon needs a mega-dairy moratorium and meaningful protections for food and farm workers now.”

For Tillamook's part, CEO Patrick Criteser issued a statement on the company's website assuring investors and the public that the pandemic has not disrupted their manufacturing operations or supply chain. In a statement the company said that three of the employees have already recovered and been cleared to return to work, while the rest are recovering at home, according to an article in the East Oregonian. "Those who are recovering at home or are quarantining after being identified as a close contact are receiving full pay and benefits," the company said.

The health authority's latest statewide weekly report showed that from June 29 to July 5, COVID 19 continued to surge with 1,910 new cases, an increase of 51 percent over the previous week.

The Morrow County Health District, Pioneer Memorial Hospital, the Morrow County Health Department, Morrow County Emergency Management and the Morrow County Sheriff's office—all public entities involved in responding to the outbreak—were contacted with questions about what procedures were followed at the Columbia River Processing plant when the county learned about the outbreak. They referred all questions to the Oregon Health Authority, which is quoted above.