COMMISSION 
AGENDA MEMORANDUM                        Item No.          8j 
ACTION ITEM                            Date of Meeting     November 16, 2021 
DATE:     November 16, 2021 
TO:        Steve Metruck Executive Director 
FROM:    Pete Ramels, General Counsel 
Stephanie Jones Stebbins, Managing Director, Maritime Division 
Sandra Kilroy, Sr. Director, Engineering, Environment & Sustainability 
SUBJECT:  Commission Authorization to Execute a Settlement Agreement to Resolve Litigation 
Amount of this request:                  $642,000 

ACTION REQUESTED 
Request Commission authorization to execute a settlement agreement with the Center for
Biological Diversity (CBD) to resolve litigation associated with Seattle Harbor Navigation
Improvement Project.  The authorization requests up to $642,000 in spending on Southern
Resident orca conservation initiatives and signature authorization for all related agreements
necessary to transact the funding. 
SUMMARY 
In acknowledgment of and in exchange for actions described in the Settlement Agreement, the
Center for Biological Diversity (CBD) will release the defendants and the Port from all existing and
future claims related to the Seattle Harbor Navigation Improvement Project. The actions include
projects and initiatives that benefit Southern Resident orcas estimated to cost $642,000. These
projects and initiatives, which are in various stages of planning, include: 
Provide continued funding for the Quiet Sound program ($42,000) 
Conduct an in-situ dredge noise monitoring study ($25,000) 
Fund a study of the hydrophone network in Puget Sound ($200,000) 
Develop an underwater noise mitigation and management plan ($75,000) 
Fund a shoreline habitat improvement project at sbq a Park/Terminal 108 ($200,000) 
Fund a scoping study for habitat improvements at Terminal 5 Southeast ($100,000) 
Report progress on the above projects and initiatives to CBD semi-annually 
The Port denies CBD's allegations relating to the Seattle Harbor Navigation Improvement Project.
However, considering the costs of litigation that would be needed to take this matter to trial, and
associated project delays, the settlement is recommended. 
This matter was discussed in executive session. There are no attachments to this memo. 
Template revised September 22, 2016.