State of DELAWARE DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL.
Delaware Riverkeeper Network; The Delaware Riverkeeper; Delaware Nature Society; National Wildlife Federation; New Jersey Environmental Federation; Clean Water Action, Intervenor-Plaintiffs
State of New Jersey Department of Environmental Protection, Intervenor-Plaintiff
v.
UNITED STATES ARMY CORPS OF ENGINEERS; Honorable John McHugh, Secretary of the Army, in his official capacity; Honorable Jo-Ellen Darcy, Assistant Secretary of the Army for Civil Works, in her official capacity; Lt. Gen. Robert L. Van Antwerp, Jr., Commander, USACOE, in his official capacity; Lt. Col. Thomas Tickner, Commander, USACOE, North Atlantic Division, Philadelphia District, in his official capacity
Philadelphia Regional Port Authority, Intervenor-Defendant.
Delaware Riverkeeper Network; The Delaware Riverkeeper; Delaware Nature Society; National Wildlife Federation; New Jersey Environmental Federation; Clean Water Action, Appellants at No. 11-1283.
State of New Jersey Department of Environmental Protection, Appellant at No. 11-1421.
State of New Jersey, Department of Environmental Protection; Bob Martin; Delaware Riverkeeper Network; The Delaware Riverkeeper; Delaware Nature Society; National Wildlife Federation; New Jersey Environmental Federation; Clean Water Action
v.
United States Army Corps of Engineers; Lieutenant Colonel Thomas Tickner, as District Commander of the Army Corps of Engineers Philadelphia District; Jo-Ellen Darcy, as Assistant Secretary for Civil Works, United States Army Corps of Engineers; John McHugh; Lieutenant General Robert L. Van Antwerp, Jr., Commander (in his official capacity); Colonel Peter A. DeLuca, Commander, North Atlantic Division in his official capacity
Philadelphia Regional Port Authority, Intervenor-Defendant.
State of New Jersey, Department of Environmental Protection; Bob Martin, Appellants at No. 11-1414.
Delaware Riverkeeper Network; The Delaware Riverkeeper; Delaware Nature Society; National Wildlife Federation; New Jersey Environmental Federation; Clean Water Action, Appellants at No. 11-1424.
United States Court of Appeals, Third Circuit.https://leagle.com/images/logo.png
Argued January 18, 2012.
Filed: July 3, 2012.
Attorney(s) appearing for the Case
Jane P. Davenport McClintock, Esquire (Argued), Delaware Riverkeeper Network, Bristol, PA, for Delaware Riverkeeper Network; The Delaware Riverkeeper; Delaware Nature Society; National Wildlife Federation; New Jersey Environmental Federation; Clean Water Action.
Mark R. Haag, Esquire (Argued), United States Department of Justice, Washington, D.C., for United States Army Corps of Engineers; John McHugh; Jo-Ellen Darcy; Robert L. Van Antwerp, Jr.; Thomas Tickner; Peter A. DeLuca.
Before: SCIRICA, FUENTES and HARDIMAN, Circuit Judges.
United States Court of Appeals, Third Circuit.
OPINION OF THE COURT
SCIRICA, Circuit Judge.
At issue is whether the U.S. Army Corps of Engineers can deepen the main channel of the Delaware River by five feet, enabling river ports to be economically competitive and at the same time, comply with statutes that protect the environment. The roots of the project trace back decades. In 1992, Congress authorized the project and appropriated $195 million. It continued to support the effort with regular appropriations...
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