More Problems For The Port
Yet another judge’s ruling–which calls out the lack of impartiality of a state agency:
Plans to expand the Port of Wilmington through construction of a massive new container terminal in Edgemoor hit an obstacle again last week when a state judge placed another construction permit into limbo.
Delaware Superior Court Judge Kathleen Miller on Wednesday ruled that a decision last May from the Delaware Environmental Appeals Board – which upheld a permit to allow underwater work, such as dredging and construction of a bulkhead – failed “to reflect a rational consideration of the evidence.”
The sharply worded opinion places additional doubt and uncertainty around the ambitious, but long delayed, $635 million port construction project that backers say will bring thousands of new jobs to the state.
“Here, the (Environmental Appeals) board did not make factual findings, provide an analysis of the evidence presented, or explain its reasoning,” Miller said of the Appeals Board’s decision last year to deny a challenge to the construction permit, previously issued by the Delaware Department of Natural Resources and Environmental Control.
Miller characterized the legal challenge, which had been brought by owners of competing port terminals in Pennsylvania and New Jersey, as a question of whether the Environmental Appeals Board “effectively rubber-stamped” the original permit.
Look, everyone would welcome the ‘good-paying blue-collar jobs’ that supporters of the Port expansion cite at every opportunity. Setting aside for the moment the question of whether that windfall would eventuate, I wonder whether this project can ever clear the legal and environmental hurdles that seem to be growing rather than subsiding. I wonder whether, deep down, legislative supporters of this project are just waving some sort of union flag to garner ongoing union support. I suspect that purported skepticism on the part of the Governor is indeed justified. I for one question whether this project will ever come to fruition. If legislators are merely engaged in a cynical grab for blue-collar support, then they are–cynical. To be fair, they may just be delusional.
I think we at least need to look at this project more critically–particularly in light of the failed promises Delaware’s Worst Governor Ever made about the Port. That it would be self-sustaining. It simply wasn’t, and shows no signs of being self-sustaining under its current iteration. Will significantly increasing the capacity of the Port make it more competitive, or will we just have an even bigger boondoggle on our hands?
Seems like only the judges are leveling with us. And maybe the Governor.
The existing port is a break bulk port and those are usually small and less profitable. It is also very old and needs constant maintenance. The proposed port is a container port and can be very profitable. The proposed plans have accounted for maximum environmental protection and productivity, thereby making it very appealing to the shipping companies. Electric cranes, shore to ship power to allow ships to shut down diesel engines while docked, diesel fumes for large ships having to travel additional hours up the Delaware River, etc make it a better choice than the ports doing business on the Delaware River as well as the financial impact for Delaware.
The lines in every story that you pay attention to is ” the legal challenge, which had been brought by owners of competing port terminals in Pennsylvania and New Jersey” since they seem to be a constant. Tell me why those other private ports oppose this relatively small port other than keeping their monopoly on the River. It’s simple, they would be losing a bunch of money to a Port closer to the main waterways.
Respectfully, that is a brief on behalf of port expansion.
And, of course prospective competitors would oppose someone taking business from them.
However, that doesn’t change the fact that Delaware has lost in both federal and state courts. It doesn’t change the fact that both the Army Corps of Engineers and now the State Environmental Appeals Board have been cited by those courts as having stacked their reports in Delaware’s favor.
It also doesn’t change the fact that this entire BHL/Construction Trades/Senate alliance would have locked in many of the EXACT SAME PEOPLE who were so wrong about the Port so often.
To me, the viability of this project remains in doubt. Which is why I have no problem with people casting a critical eye on it. If the goal is to create these jobs, and if it’s being pushed by the people who are doing nothing but repeating some of the same mantras that have us treading water, then fresh eyes can’t hurt.