By Anastasia Stepankowsky


A coalition of environmental groups has sued the Port of Seattle to block it from leasing 50 acres to Foss Maritime to homeport Shell’s Arctic oil drilling fleet.

The Puget Soundkeeper Alliance, Sierra Club, Washington Environmental Council and the Seattle Audubon Society sued Monday in King County Superior Court, alleging violations of the State Environmental Policy Act and Shoreline Management Act. They allege the project would damage water quality.

The lease, which the Port approved in February, is expected to generate $13.7 million in revenue for the Port. Foss would use the area to service Shell’s Arctic fleet.

The Port sees a deal with Foss Maritime as an opportunity to modernize its empty Terminal 5, thus reducing taxpayer support for the area and creating a significant number of maritime jobs. Port officials have said they’re spending $2 million a year just to keep up the area now.

The environmental groups said the Port failed to provide adequate information about the deal with Foss.

“By making a secret deal to house Shell’s Arctic drilling fleet in Seattle, the Port shut out the public and subverted laws that are designed to foster an informed public assessment of controversial proposals like this one,” said Patti Goldman, an attorney for Earthjustice, the firm representing the environmental groups.

The lease deal was not released to the public until an agenda for the January meeting of the port commissioners was published.

The environmental groups are also concerned about violations committed by companies contracted by Shell to operate its drill ships and other equipment, and that these vessels would be serviced at Terminal 5.

Noble Drilling, one of Shell’s contracts to, recently pleaded guilty to eight felony charges and paid $12.2 million in fines related to a 2012 incident involving its ship Noble Discoverer. In addition, Noble Drilling agreed to four years’ probation and to subject its fleet to an environmental compliance plan.

In a plea agreement, Noble Drilling stated the Noble Discoverer “experienced numerous problems with its main propulsion system, including its main engine and its propeller shaft, resulting in engine shutdowns, equipment failures and unsafe conditions.”

Noble also admitted its crew failed to log maintenance and equipment problems and that it negligently discharged machinery space bilge water into Broad Bay, Unalaska, creating a sheen on the water.

Noble also operated the drill unit Kulluk which broke free from its tow-line in a severe storm and grounded on Sitkalidak Island near Kodiak, Alaska in December 2012.

Transocean, which paid $1.4 billion in criminal and civil fines for the 2010 Macondo oil spill in the Gulf of Mexico, operates the other Shell Arctic drill ship, the Polar Pioneer.

“The Port of Seattle is putting their stated goal of being a ‘Green Gateway’ and an environmental leader at risk. Hosting this fleet with a record of discharging oil-contaminated water, flies in the face of their environmental goals and ours,” said Washington Environmental Council President Becky Kelley in a press release.

Foss spokesperson Paul Queary said Terminal 5 is permitted to tie up ships while they are being loaded and unloaded. “Those are the services Foss will provide to the Arctic exploration fleet,” Queary said.

Port officials said they have complied with all necessary environmental requirement, adding that they are committed to complying with all regulations. According to spokesperson Perry Cooper, the Port has received the shoreline substantial development permit exemption from the City of Seattle.

The Port says it has not received specific details on the lawsuit at this time.