The Northwest Seaport Alliance (NWSA), the Port of Tacoma, SSA Terminals, LLC (SSAT), SSA Terminals (Tacoma), LLC (SSATT), and Puget Soundkeeper have agreed to a final settlement of Puget Soundkeeper Alliance v. Port of Tacoma et al., a federal Clean Water Act citizen suit involving stormwater management at the West Sitcum Terminal in Tacoma. The settlement, addressing litigation pending since 2017, resolves all remaining claims between the parties and will be memorialized in a consent decree subject to federal court and U.S. Department of Justice approval.

The agreement concludes years of complex litigation and negotiation among parties with deeply held interests and a shared commitment to clean water and a healthy Puget Sound. Pending court approval, this agreement resolves litigation that involved multiple NWSA tenants and significant legal questions about stormwater compliance obligations under the Industrial Stormwater General Permit issued by the Washington Department of Ecology. All parties recognized that this settlement offered a path to tangible environmental outcomes in the best interests of the community and clean water.

Central to the settlement are meaningful investments in water quality and stormwater management in the Commencement Bay watershed:

• $500,000 to the Washington Stormwater Center by the NWSA to fund research and educational programming focused on stormwater management.
• NWSA to Purchase a Triverus Sweeper – among the most advanced sweeping systems available for port and terminal environments with potential for use at other Tacoma harbor properties.
• Operational Enhancements by SSATT at the West Sitcum Terminal.

These commitments build on the NWSA’s prior $13.5 million investment in a stormwater treatment system at the terminal, completed in 2019, after the prior tenant triggered the requirement for treatment. Together, the treatment system completed in 2019 and the new actions, investments, and operational improvements agreed to today will resolve the Clean Water Act public interest enforcement action first launched by Puget Soundkeeper in 2017.

The consent decree will remain in effect through January 1, 2030. The settlement does not constitute an admission of liability or fault by any party.

“Resolving litigation of this complexity and duration is never simple,” said NWSA Co-Chair and Port of Tacoma Commission President Dick Marzano. “There were significant legal questions on both sides, and this case reflects that. We’re pleased to have reached an agreement that brings closure and delivers real environmental investments in our Tacoma Harbor.”

“The stormwater improvements at West Sitcum, combined with the funding we’re directing to the WSU Stormwater Center, reflect our ongoing commitment to responsible stewardship of the public assets in our care,” stated NWSA Co-Chair and Port of Seattle Commission President Ryan Calkins. “We are glad to have this matter resolved and for the resolution to produce lasting benefits for our waterways and the communities around them.”

“SSA Terminals (Tacoma), LLC and its affiliates are committed to advancing a more sustainable and resilient global supply chain and to enhancing environmental performance across our operations. We believe this resolution reflects that commitment,” said Nicolas Gauthier, President of SSA Marine’s Global Container Division.

“We are pleased to have resolved this long-running litigation in a way that will help Commencement Bay and the surrounding community,” said Sean Dixon, Executive Director of Puget Soundkeeper. “We are proud of this result, not because it marks an end, but because it creates momentum for a cleaner, healthier, and more resilient future.”

Puget Soundkeeper was represented by Smith & Lowney, PLLC in this matter.

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About the Northwest Seaport Alliance

The Northwest Seaport Alliance is a strategic partnership between the Port of Seattle and the Port of Tacoma, formed in 2015 to enhance the competitiveness of the Seattle-Tacoma gateway in the global shipping market. As one of the largest port systems in North America, the NWSA plays a vital role in driving regional economic growth by handling a significant volume of containerized, breakbulk, and Ro-Ro cargo annually, connecting businesses to global markets and supporting a robust supply chain. Learn more at: nwseaportalliance.com.

About the Port of Tacoma

Among the largest container ports in the U.S., the Port of Tacoma is a naturally deepwater port located on Commencement Bay in south Puget Sound. A diverse array of maritime and industrial-related businesses and facilities are located across 2,500 acres of Port-owned property, including several major container terminals, managed by The Northwest Seaport Alliance. An important economic engine in Pierce County, real estate and marine cargo operations at the Port of Tacoma support more than 41,000 jobs and $3 billion in labor income. Learn more at: portoftacoma.com

About SSA Terminals (Tacoma), LLC

SSA Terminals (Tacoma), LLC is an affiliate of SSA Marine, Inc., one of the world’s leading independent and privately held marine terminal operators.

About Puget Soundkeeper Alliance

Since 1984, Puget Soundkeeper’s mission has been to be a trusted leader and collaborator for all communities, in court and on the water, fighting for a healthy Puget Sound. Through advocacy, science, community engagement, volunteerism, and legal action, Puget Soundkeeper works to realize a future where clean water sustains vibrant ecosystems and fosters equitable, thriving communities. Puget Soundkeeper has, for over 40 years, maintained a legal docket of enforcement cases, regulatory challenges, and permit appeals aimed at ensuring Sound-wide compliance with the Clean Water Act and all other state and federal laws that safeguard water quality. Learn more at pugetsoundkeeper.org