Delaware sues to stop Delaware River dredging
In a move hailed by environmentalists and lauded by Gov. Jack Markell, Delaware Attorney General Joseph Biden filed suit in federal court to stop a U.S. Army Corps of Engineers plan to deepen the Delaware River channel without permits from the state.
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Riverkeeper Network: Dredging could hurt horseshoe crabs
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Four million cubic yards of material the U.S. Army Corps of Engineers wants to dredge from the shipping channel at the mouth of the Delaware Bay would be used to restore wetlands on Kelly Island and be used for beach replenishment at Broadkill Beach, corps spokesman Edward Voigt has said.
Maya van Rossum, who heads the Delaware Riverkeeper Network, said the U.S. Fish and Wildlife Service and environmentalists have expressed concern that the beach nourishment project would harm horseshoe crabs that spawn on Broadkill Beach. She said the hearing officer from Department of Natural Resources and Environmental Control’s hearing on the corps’ plan agreed, and said the local horseshoe crab population would be directly and adversely affected by the project. Migratory shorebirds, including the threatened red knot, feast on horseshoe crab eggs, a crucial food source, in the Delaware Bay each spring as they migrate north. |
On Oct. 23, the corps announced it would proceed with its dredging plan. Delaware Department of Natural Resources and Environmental Control (DNREC) Secretary Collin O’Mara denied permits for the project this summer.
Biden called the corps decision to move forward unacceptable.
Biden’s lawsuit asks the U.S. District Court for the District of Delaware to declare the corps’ decision in violation of state and federal law and requests the court to issue a preliminary injunction to halt dredging until the corps obtains permits from DNREC.
The corps project intends to dredge the main shipping channel of the river from 40 feet to 45 feet. Dredged material would be stored in federally owned sites in New Jersey and Delaware, corps spokesman Edward Voigt said. Some material taken from the mouth of the bay would be used for beach nourishment at Broadkill Beach, he said.
Biden said his office would work closely with New Jersey’s attorney general. New Jersey has also opposed the project, and was expected to file suit as well.
Biden said, “The decision by the Army Corps of Engineers to begin deepening Delaware waters is a direct challenge to the territorial authority of the state of Delaware and violates federal and state law.” He said Delaware would aggressively enforce its right to regulate activities within state boundaries on the Delaware River.
“Instead of working with Delaware by addressing longstanding critical concerns about the impact of the proposed dredging project, the corps decided to proceed to deepen Delaware waters without Delaware’s approval,” said Biden.
Bill Moyer, former head of DNREC’s Wetlands and Subaqueous Lands Section, said he has followed this project since 1987, when the corps said it found it was environmentally and economically feasible. “That is an inexcusable amount of time to spend taxpayer money on a project that is not economically feasible or environmentally sound,” Moyer said.
He said the corps has stooped to a new low in its interaction with the public by deciding to go ahead with the project without state permits.
Maya van Rossum, the Delaware Riverkeeper of the Delaware Riverkeeper Network, called the corps’ decision to move forward with dredging without permits from Delaware and New Jersey, “…an unconstitutional stripping of state authority.” She said legal challenges from both states are essential to keep the corps from usurping states’ rights and to protect the rights of all states to review and approve or disapprove federal projects that would harm their environments and communities.
Moyer said the corps may maintain navigation across the country, but that this is a new project, not maintenance.
“It’s not just Delaware whose legal authorities the Army Corps is attempting to strip – they have been denying New Jersey its authorities under the Coastal Zone Management Act for well over a year,” said van Rossum.
Markell said, “The corps’ decision to move ahead and dredge the Delaware River without a permit is wrong. I am pleased the Attorney General’s Office is working hard to ensure that the corps engages in a public permit process so that the project’s environmental and economic development effects can be fully considered.”
Biden’s office said Delaware law requires federal agencies secure state approval before conducting dredging projects, such as the river channel deepening. Biden’s office said the law makes it clear that before issuing permits, Delaware must consider the environmental harm that could result from potential water pollution.
The Attorney General’s Office also said the Clean Water Act requires the corps to comply with state water pollution regulations and obtain necessary permits before embarking on a dredging project that could cause discharge or runoff of polluted water.
Voigt said the corps does not comment on pending or ongoing litigation.
