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Court didn't issue Delaware River deepening opponents a stay-pending appeal
The Web site for the award-winning alternative weekly, the Philadelphia City Paper.
Court didn't issue Delaware River deepening opponents a stay-pending appeal
It looks as though the Army Corps of Engineers may — may — finally begin deepening the Delaware River this Friday, for realsies.
As we told you before, the Delaware Riverkeeper Network and four other environmental groups filed an appeal earlier this month with the U.S. Third Circuit Court of Appeals to stop the deepening project; in response, the Army Corps agreed to not begin deepening until Feb. 26. The environmental groups then filed a stay-pending appeal to keep the deepening project from moving forward whatsoever before the court could consider their original appeal in full.
Well, Delaware Riverkeeper Maya van Rossum just informed the Clog that the court did not issue the groups a stay-pending appeal. Translation: It's a go for the Army Corps.
This says nothing about the outcome of the appeal, but still. Coupled with the fact that the Army Corps awarded the deepening contract for "Reach C' — an 11-mile segment of the 100-mile-long project — to Norfolk Dredging Co. yesterday at 5 p.m., and that the Army Corps said it would only hold off from deepening until Feb. 26, this means deepening is kinda definitely gonna start on Friday. But only kinda definitely. As Ed Voigt, the Philadelphia Army Corps' chief of public and legislative affairs, put it in all its vague glory yesterday:
No actual, physical channel deepening work will begin before this Friday, Feb. 26, per our recent commitment to the Third Circuit Court of Appeals. Also, we will not commence actual deepening work until the project sponsor completes the purchase of all Emission Reduction Credits (ERC's) needed for Clean Air Act conformity. (We anticipate that will also be wrapped up by the end of this week.) If we have the ERC's by then and the 3rd Circuit does not direct us otherwise, deepening could — let me repeat, COULD — begin as early as this Friday.
This means that, theoretically, the Army Corps could deepen "Reach C" only to later be told by the court that it couldn't finish the rest of the project. We'll keep you posted.
RELATED: Delaware River dredging postponed until Feb. 26, at the earliest
Holly, Thanks for keeping us up-dated! Dredging of Philadelphia's main shipping channel is a must for this city if it wants to continue to be a world class city. Your city can't be a global competitor if your port is only deep enough to handle domestic trade and not global trade. All the great cities in the world have great ports...they go hand in hand. All of the other major ports along the U.S. east coast have dredged their shipping channels to at least 45 feet why can't we?? Because some enviornmental group and special interest groups (mainly port competitors) won't allow it? We are currently facing one of the greatest reccessions of all time with unemployment floating around 10% with no sign of it getting better. This channel dredging will attract new business into the Philadelphia (delaware valley) region (NJ, DE and PA) and help our region grow and sustain good high paying jobs with benefits. And if the sand from the delaware river is so toxic how come we use it to replenish the beaches at our resort towns in Delaware?? Also do you think new york channel is any cleaner than ours?? They have more petroleum refining/holding industries than we do! haha i doubt it. But they continue to dig deeper...Don't let these competitors grab up all the good jobs! Bring them to philly where we need them! Thanks. Bob
[...] Court didnÂ’t issue Delaware River deepening opponents a stay-pending appeal, – Holly Otterbein, Philadelphia Citypaper, February 24, 2010 It looks as though the Army Corps of Engineers may — may — finally begin deepening the Delaware River this Friday, for realsies. As we told you before, the Delaware Riverkeeper Network and four other environmental groups filed an appeal earlier this month with the U.S. Third Circuit Court of Appeals to stop the deepening project; in response, the Army Corps agreed to not begin deepening until Feb. 26. The environmental groups then filed a stay-pending appeal to keep the deepening project from moving forward whatsoever before the court could consider their original appeal in full. Click Here [...]
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