Chapter 465

      465.003 to 465.034

LAW REVIEW CITATIONS: 22 EL 539, 997 (1992)

      465.090

See annotations under ORS 30.740.

      465.101

LAW REVIEW CITATIONS: 28 WLR 377 (1992)

      465.104

LAW REVIEW CITATIONS: 28 WLR 377 (1992)

      465.110 to 465.180

See also annotations under ORS 105.550 to 105.600.

NOTES OF DECISIONS

      Remedial action costs do not include attorney fees incurred by private party in contribution proceeding. Cash Flow Investors, Inc. v. Union Oil Co., 318 Or 88, 862 P2d 501 (1993)

      465.110

See annotations under ORS 105.555.

      465.127

NOTES OF DECISIONS

      Statute is unconstitutional because it authorizes expenditures for purposes not allowed under Article IX, section 3a of Oregon Constitution. Carmichael Columbia Oil, Inc. v. Dept. of Rev., 13 OTR 97 (1994)

LAW REVIEW CITATIONS: 22 EL 539 (1992); 28 WLR 377 (1992)

      465.130

See annotations under ORS 105.565.

      465.160

See annotations under ORS 105.590.

      465.200

NOTES OF DECISIONS

      Term “remedial action” pertains only to actual physical process or processes of remedying release of hazardous substance. Cash Flow Investors, Inc. v. Union Oil Co., 318 Or 88, 862 P2d 501 (1993)

      465.255

NOTES OF DECISIONS

      Private parties are not authorized to recover litigation costs as legal expenses in addition to remedial action costs. McDonald’s Corp. v. Wilson, 814 F Supp 935 (1993)

      Statute applies retroactively to persons responsible for contamination occurring prior to enactment of statute. Newell v. Weston, 150 Or App 562, 946 P2d 691 (1997), Sup Ct review denied

      Exception for persons whose acts or omissions were in material compliance with applicable laws, standards, regulations, licenses or permits applies only to persons other than owners or operators. Newell v. Weston, 150 Or App 562, 946 P2d 691 (1997), Sup Ct review denied

      Liability for hindering or delaying entry to, investigation of or removal or remedial action at facility extends to persons denying access to property other than property where facility is located. Department of Environmental Quality v. Baney Corp., 153 Or App 289, 956 P2d 1060 (1998), Sup Ct review denied

      465.260

NOTES OF DECISIONS

      Site cleanup not undertaken or required by Department of Environmental Quality is not remedial action. McDonald v. Sun Oil Company, 423 F. Supp. 2d 1114 (D. Or. 2006)

      465.325

NOTES OF DECISIONS

      Although contribution may be sought from potentially liable persons, court may allocate remedial action costs only among liable parties. Newell v. Weston, 150 Or App 562, 946 P2d 691 (1997), Sup Ct review denied

      Site cleanup not undertaken or required by Department of Environmental Quality is not remedial action. McDonald v. Sun Oil Company, 423 F. Supp. 2d 1114 (D. Or. 2006)

      465.475 to 465.480

LAW REVIEW CITATIONS: 39 WLR 1131 (2003)

      465.480

NOTES OF DECISIONS

      Where insurer completely settles its liability with insured, settling insurer is no longer “liable or potentially liable” for purposes of paying contribution to other insurers. Fireman’s Fund Insurance Co. v. Ed Niemi Oil Co., 436 F. Supp. 2d 1174 (D. Or. 2006)

      Insurer that pays environmental claim may seek contribution from other insurers that covered risk, whether or not liability of those other insurers has been determined. Certain Underwriters v. Massachusetts Bonding and Insurance Co., 235 Or App 99, 230 P3d 103 (2010), Sup Ct review denied

      Where Environmental Protection Agency sent letters to insured entity and letters were hostile and directed entity to take action, letters were “suits” for purposes of Oregon Environmental Cleanup Assistance Act. Anderson Brothers, Inc. v. St. Paul Fire & Marine Insurance Co., 729 F3d 923 (9th Cir. 2013)