appeals court

A coalition of environmental groups led by the Delaware Riverkeeper Network asked the Third Circuit Court of Appeals to intervene earlier this month after U.S. District Court Judge Sue L. Robinson refused to stop the first 12-mile stretch of deepening near Wilmington but blocked the remaining 90 miles pending a Delaware state permit review.

The corps wants to deepen the main channel to 45 feet from its current 40-foot depth. Shipping and business interests along the river argue the deeper water is needed to serve new generations of deeper bottomed ships. Costs are estimated at about $310 million, with taxpayers to contribute about $232 million and private interests led by the Philadelphia Regional Port Authority covering another $78 million.

Corps officials said as recently as today that work could start as early as Friday along the river near the Chesapeake & Delaware Canal.

Third Circuit Chief Judge Anthony J. Scirica, Judge Julio M. Fuentes and Thomas M. Hardiman issued the ruling.

Last year, federal officials declared that Delaware had unjustifiably delayed permit decisions on the case and invoked what they said was federal authority to overrule state environmental laws in order to “maintain navigation” on the nation’s waterways.

Critics sued, saying the corps overstepped its bounds, potentially setting a bad national precedent. They argued in their appeal that Robinson’s split decision favoring the corps was inappropriate and incorrectly put federal and private interests above states’ rights.

The most recent corps forecasts predict that the project will yield $3.5 million to $4 million more in annual benefits than costs, with about half the benefits going to refineries supplied by tanker from the river. Opponents dismissed the claims as overstated and based on flawed data and assumptions.

A Government Accountability Office review, requested by some members of the region’s congressional delegation, is due next month.