PHILADELPHIA - PhilaPort has filed a federal lawsuit against the U.S. Army Corps of Engineers, arguing the dredging of the Delaware River has allowed Delaware to profit despite fighting the project.
A lawsuit was filed March 8 by the Philadelphia Regional Port Authority (PhilaPort) against the United States Army Corps of Engineers, District Commander Jeffrey Beeman, and Chief of the Regulatory Branch Todd A. Schaible, in U.S. District Court for the Eastern District Court of Pennsylvania.
The case revolves around approvals issued by the Army Corps and personnel from its Philadelphia District to Diamond State Port Corporation for a proposed new container port construction in Edgemoor, Delaware.
PhilaPort alleges that the Army Corps conducted an inadequate review of Diamond State's permit applications. It also claims that Delaware is attempting to usurp the value of Pennsylvania's investment in a deepening project for the Main Navigation Channel (MNC) of the Delaware River.
This project was completed at no cost to Delaware but was one-third funded by Pennsylvania.
The complaint also states that PhilaPort had to contribute 35% of the total cost for the Deepening Project, which amounted to approximately $140 million. This money came from Pennsylvanian citizens as PhilaPort is an independent agency of Pennsylvania.
PhilaPort accuses Delaware of previously opposing and litigating against every aspect of the Deepening Project, only to embrace it now that it's completed.
The lawsuit seeks declaratory and injunctive relief. Andrew Levine of Stradley Ronon Stevens & Young represents the plaintiff.