ELR Citation: 54 ELR 20151
No(s). 23-4283 (E.D. Pa. Oct 28, 2024) (Kearney, J.)

A district court vacated the Army Corps of Engineers' permit approvals under the CWA and the Rivers and Harbors Act (RHA) for development of a new port along the Delaware River. Three upriver ports challenged the Corps' decisionmaking process under the APA. The court found the Corps did not engage in reasoned decisionmaking as to the CWA §404/RHA §10 permit because it failed to consider the impact of the turning basin and dredging activities on the public interest in navigation and safety, and arbitrarily and capriciously departed from its own procedures in recommending approval under RHA §408 by not requiring a statement of no rejection from one of the upriver ports as the sole nonfederal sponsor of the new port. It vacated the §404/10 permit and §408 authorization.