Back to top

Proposed Settlements to Benefit Fish and Wildlife on the Lower Duwamish River Released for Public Comment

MARCH 18, 2024 — In March of 2024, the U.S. Department of Justice announced two proposed settlements to compensate for natural resource injuries resulting from hazardous substances released in the Lower Duwamish River in Washington state. The proposed settlements are with Crowley Marine Services, Inc. (Crowley), and General Recycling. These settlements are part of a series of early settlements with polluting parties for natural resource damages in the Lower Duwamish River.

View of current conditions at General Recycling property from shoreline of the Lower Duwamish River, Washington.
View of current conditions at General Recycling property from shoreline of the Lower Duwamish River, Washington.

The Lower Duwamish River is a highly developed, urbanized, and industrialized estuary. Hazardous substances have been released since the early 1900s with over 30 hazardous substances documented in the sediments of the Lower Duwamish River. The river includes three Superfund sites: Lockheed West, Harbor Island, and the Lower Duwamish Waterway. Toxic contaminants resulted in injuries to fish, birds, wildlife and their habitats and recreational uses, including fishing. Also, channelization and filling destroyed approximately 97 percent of the original aquatic and shoreline habitat.

On March 7, a proposed settlement was announced resolving the liability of Crowley, 8th Avenue Terminals, Inc. and the Washington State Department of Transportation (WSDOT) for injuries to natural resources from hazardous waste pollution, as well as the cost of assessing those injuries. As part of the settlement, the parties will purchase credits in Restoration Project One on the Lower Duwamish River, developed by Bluefield Holdings Inc., and make a cash payment to the Trustees. The Trustees will use the payment to fund future restoration on the River. Restoration Project One, completed in 2014, is located on the west side of the West Waterway on the River. This site created habitat types that are scarce in the industrialized river: marsh, mudflat, and riparian habitats. The off-channel inlet created marsh and mudflat habitats, and provided a place for juvenile salmon and other fish to rest and find food. Riparian habitats allow migratory birds to feed and nest.

On March 12, a proposed settlement was announced valued at over $23 million which resolves the liability of General Recycling and two affiliates for adverse impacts to natural resources as well as the cost of assessing those injuries. As part of the settlement, the companies will construct and maintain a habitat restoration project at the General Recycling facility, located on the west bank of the Lower Duwamish River in a high-priority, industrialized area of the River. It will include nearly three acres of shoreline and aquatic habitat that will provide refuge areas and food sources for wildlife and various fish species, including juvenile salmon migrating from upriver spawning areas.

Both settlements are subject to a 30-day public comment period and final court approval. 

For General Recycling, the Trustees also developed a Draft Restoration Plan and Environmental Assessment (RP/EA), which analyzes the environmental benefits and impacts of the proposed restoration. The RP/EA is subject to a 30-day public comment period. 

Last updated Friday, March 22, 2024 10:57am PDT