Lynden, Inc. Consent Decree and Proposed Settlement Released for Public Comment
January 30, 2023
The U.S. Department of Justice lodged a consent decree with the U.S. District Court for the Western District of Washington proposing a settlement with Lynden, Inc. and other related companies. The settlement will fund habitat restoration in Superfund sites along the Lower Duwamish River in Seattle, Washington.
The consent decree is now available for public review and comment for 30 days, through March 1, 2023.
The proposed settlement is between the members of the Elliott Bay Trustee Council, which includes NOAA, the U.S. Department of the Interior, the State of Washington, the Muckleshoot Indian Tribe, and the Suquamish Tribe, and a group of 12 entities including Lynden, Inc. Upon court approval, the consent decree will resolve the liability of Lynden, Inc. and others for injuries to natural resources harmed by pollution released into the area.
The proposed settlement provides funds for restoration of habitat for juvenile salmon, other fish, migratory birds, and other wildlife injured by releases of hazardous substances from commercial facilities on the banks of the Lower Duwamish River. Approximately $31,000 of the funds will reimburse the Trustees for a portion of past damage assessment costs.
Proposed Settlement and Consent Decree
The consent decree (PDF, 33 pages) proposes to settle claims arising from injuries to natural resources from hazardous waste pollution in the Lower Duwamish River, Harbor Island, and Lockheed West Superfund sites.
The Lower Duwamish River is an industrialized waterway with a long history of pollution. The pollution has resulted in injuries to fish (including several species of protected salmon), migratory birds, other wildlife, and their habitats. It has also impacted outdoor recreational opportunities, including recreational fishing.
As part of the settlement, Lynden, Inc. and others will partially fund a restoration project previously constructed by Bluefield Holdings, Inc., a private restoration bank developer, to restore habitat for juvenile salmon, other fish, migratory birds, and other wildlife. As presented in a previously released restoration plan, Bluefield Holdings, Inc.’s “Restoration Project One” restored approximately one acre of riparian, marsh, mudflat, and subtidal habitats in the West Waterway of the Lower Duwamish River. These habitat types are scarce in the Lower Duwamish River and serve as important food sources, and rearing, refuge, and spawning areas for fish and other wildlife harmed by pollution.
In addition, Lynden, Inc. and others will provide a lump sum payment of $556,250 to be used towards future restoration that aligns with the 2013 Restoration Plan, and $31,528 to reimburse the Trustees for a portion of past damage assessment costs.
If approved and entered by the court, the consent decree will resolve the liability of the following entities for damages for injury to, destruction of, loss of use, or loss of natural resources, including costs to assess those injuries.
- Lynden, Inc.
- Knik Construction Co., Inc.
- Douglas Management Company
- Alaska Marine Lines, Inc.
- Swan Bay Holdings, Inc.
- Bering Marine Corp
- 7100 First Avenue S Seattle, LLC
- 5615 West Marginal Way SW Seattle, LLC
- 5600 West Marginal Way SW Seattle, LLC
- LTI, Inc.
- Lynden Transport, Inc. (formerly known as Lynden Transfer, Inc.)
- Alagnak Holdings, LLC
Please send your written comments on the consent decree to the U.S. Department of Justice no later than March 1, 2023. For a copy of the consent decree please see the U.S. Department of Justice website: https://www.justice.gov/enrd/consent-decree/us-et-al-v-lynden-inc-et-al
- By email to: email@example.com
By mail to:
Assistant Attorney General, U.S. DOJ—ENRD
P.O. Box 7611
Washington, DC 20044-7611