Puget Soundkeeper, represented by outside counsel Smith & Lowney, is wrapping up one of the longest, most consequential clean water defense cases in its 42-year history.
Today, approximately nine years after this environmental defense action was launched by Puget Soundkeeper, the parties have reached a settlement agreement and the case is coming to a close. You can read the full press release, jointly issued by all parties, here.
Pursuant to the terms of the settlement, among other terms governing equipment storage, stormwater sampling, and more, this settlement includes:
- $500,000 to the Washington Stormwater Center by the Northwest Seaport Alliance (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 Port of Tacoma harbor properties.
- Operational Enhancements by SSA Terminals (Tacoma) at the West Sitcum Terminal.
“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.”
Originally filed in 2017, Puget Soundkeeper brought this environmental enforcement action to bring the Port of Tacoma’s tenant, APM Terminals, into compliance with the conditions of the Industrial Stormwater General Permit—a National Pollutant Discharge Elimination System (“NPDES”) permit issued by the Department of Ecology that regulates stormwater discharges from many industries across the State under the same requirements. After APM Terminals vacated the site, Puget Soundkeeper added the Port of Tacoma and SSA Terminals (“defendants”)—the new tenant of the facility that took over permit coverage at the site—to the case.
Under the federal Clean Water Act, groups like Puget Soundkeeper can enforce compliance with industrial stormwater discharge permits in federal court. Stormwater is the number one source of toxic materials in Puget Sound, and this facility had a long history of violations, discharging heavy metals like copper and zinc in amounts that are toxic to salmon. You can read more about the early history of the case here.
After the 9th Circuit Court of Appeals ruled in favor of Puget Soundkeeper on a host of issues raised in the case, the defendants appealed to the U.S. Supreme Court. In June 2025 the Supreme Court rejected the defendants’ appeal, locking in the 9th Circuit ruling that, among other conclusions, found that entities like Puget Soundkeeper can continue to hold polluters accountable on behalf of the public via the federal Clean Water Act. In other words, Puget Soundkeeper, and the public, won. Read more about the 2025 U.S. Supreme Court appeal here. In the months since, the parties successfully negotiated today’s settlement.
On June 2, 2026, the Managing Members of the Northwest Seaport Alliance held a special meeting requesting, among other things, that the Port of Tacoma Commission and the Managing Members of the NWSA approve the final settlement of the Puget Soundkeeper Alliance v. Port of Tacoma litigation. The Commission and Members voted to approve the final settlement through authorization and execution of a Consent Decree consistent with the agreed settlement.
Special thanks to all the community partners, past and present Puget Soundkeeper staff attorneys, legal committee and board members, attorneys and students at the Stanford Law Supreme Court Clinic, and a host of others who have supported this case and all of our environmental defense actions.
Contact: Sean Dixon, Executive Director (206) 297-7002 extension one-oh-one
