The prediction followed a blunt summary by U.S. District Court Judge Sue L. Robinson of the state's handling of an earlier Army Corps of Engineers application to deepen the river's main shipping channel to 45 feet from its current 40 foot depth.

Corps officials in October said they would start the project without a Delaware permit after finding that federal duty to "maintain navigation" trumped state rights to review and issue environmental permits for the work. That action came three months after the Department of Natural Resources and Environmental Control rejected an applicaiton for the same work, submitted in 2001 and held recommended for denial in 2003.

"It seems like the state of Delaware sat on its hands," Robinson said at one point after reviewing the project’s long history and lengthy time awaiting a state decision.

Robinson added later: "I don't think anyone can dispute as a matter of fact that the river is in danger of losing a substantial market if it isn't deepened at some point."

Delaware and New Jersey sued to block the Corps from starting the work, saying the agency had failed to comply with a string of review and permit requirements. Several environmental groups joined the states, arguing that the $300 million project posed a risk to water quality and aquatic life, and would cost more than it would produce in public benefits.

The Philadelphia Regional Port Authority – the project's private sponsor – along with labor and business groups, say the deeper channel is needed to serve a new generation of ships with deeper hulls. Failure to deepen the 102-mile channel, they warned, will lead to crippling losses for the region's large shipping and port industry.

Justice Department attorney Kent Hanson said Congress authorized the project, and federal law gives the corps the right to superscede state permit requirements to protect navigation.

Approval of the injunction, Hanson said, meant that the project is "only going to have further delay for no good reason."

Delaware Deputy Attorney General Jennifer Oliva said the state's review and permit was needed to assure protection of the state’s and public's interest. Those reviews, she said, might take only 6 to 12 months.

"I agree with you that the public interest here is benefited by finding a way to make the project go forward," Oliva said, "with environmental controls in place."

Robinson said she would accept additional written arguments from supporters of the injunction until next Tuesday, with opponents given a week following that time.