In a significant development, a judge in Philadelphia invalidated federal approvals crucial for Delaware's ambition to expand the Port of Wilmington by constructing a new container terminal in Edgemoor. This decision follows a lawsuit initiated by Pennsylvania and New Jersey ports against the construction and dredging permits Delaware had obtained from the U.S Army Corps of Engineers.
The legal challenge is part of an ongoing rivalry over cargo shipment profits along the Delaware River, involving the Port of Wilmington and the Port of Philadelphia. The latter sued the U.S. Army Corps of Engineers, claiming the review of Delaware's permit applications for an Edgemoor port seawall and dredging activities was insufficient. The Port of Philadelphia expressed concerns over potential marine congestion and its impact on their return on investment in a Delaware River deepening project.
U.S. District Judge Mark Kearney ruled that the Army Corps of Engineers had acted "arbitrarily and capriciously" in approving the Delaware permits, particularly disregarding safety concerns about the proposed Edgemoor container terminal. Following this ruling, Delaware's avenues to challenge are limited, given the state was not a party to the lawsuit. However, the Judge expects the Army Corps of Engineers to reevaluate the project.
In response, Delaware officials, including Gov. John Carney, expressed frustration and a determination to address the permit issues to advance the Edgemoor project. The Diamond State Port Corporation, overseeing port operations, plans to strategize on moving forward. This setback arrives after Gov. Carney announced a significant investment in the Edgemoor port, highlighting its potential for job creation.
The future of Delaware's port expansion efforts, including any potential appeals or renewed permit applications, remains uncertain as Gov. Carney's term ends in January. Meanwhile, gubernatorial candidates have shared their perspectives on the port's expansion and its role in job creation.
Source: Spotlight Delaware