U.S. Judge Clears Way for Delaware Dredging

In a decision late Wednesday, a U.S. district judge in Wilmington, Del., refused to grant an injunction brought by the state of Delaware and local environmental groups that would have blocked the long-planned and long-disputed dredging of the Delaware River to 45 feet.

Judge Sue L. Robinson signed the decision ruling that the project could proceed but also that the U.S. Army Corps of Engineers would be expected to work closely with impacted states on future stages of the project.

Congress first authorized the dredging of the main Delaware ship channel from 40 to 45 feet for the 102 miles to Philadelphia nearly 28 years ago, and the Corps of Engineers was ready to start the $360 million project in 1991.

Dredging has been delayed since then, first by a dispute between the states of New Jersey and Pennsylvania that was finally settled when Pennsylvania Gov. Edward Rendell agreed that Pennsylvania would shoulder all of the local funding for the project.

Then when the Corps of Engineers announced last year that it was ready to start dredging, the state of Delaware filed a suit for an injunction to block the dredging that was joined by a group of environmental groups.

The judge’s decision not only clears the way for the corps to begin dredging but will also allow the Philadelphia Regional Port Authority to proceed with plans to invite bidding on a large new container terminal called Southport that will be built on 138 acres on the former Philadelphia Navy Yard.

Supporters of the terminal project say it could boost Philadelphia’s waterfront employment by 130,000, from 45,000 now, and handle more than 3.5 million containers a year.

In her decision declining their request for an injunction, Judge Robinson wrote, “The public holds a vested interest in the nation's environmental preservation efforts,” but “the public holds an equally compelling stake in the continued economic vitality of the Delaware River ports.” She also said, “Congress has made the determination that it is in the public interest to proceed with the deepening project.”

Contact Peter T. Leach at pleach@joc.com.