Give up. That was the message from Delaware Judge Sue Robinson to opponents of a plan to dredge and deepened in the Delaware. First she refused to block the dredging on Wednesday:
In her decision declining their request for an injunction, Judge Robinson wrote, "The public holds a vested interest in the nation's environmental preservation efforts," but "the public holds an equally compelling stake in the continued economic vitality of the Delaware River ports." She also said, "Congress has made the determination that it is in the public interest to proceed with the deepening project."
"Just to be clear, the deepening project is one that should be completed, consistent with Congressional intent," Robinson wrote, adding that administrative obstacles do not amount to proof of insurmountable environmental risks.
That wasn't enough and the Judge went even further taking on criticisms leveled against the project directly:
"For those who oppose the project in the first instance, the time for that fight has long passed," the judge wrote. "The decision to allow deepening in Reach C, therefore, is not 'a bridge to nowhere,' it is a first step in a regulatory process that has worked in the past, and should work here, to accomplish Congress' goals without causing environmental harm as defined by statute."
New Jersey still has two lawsuits in federal court seeking to delay the dredging. But the judge seemed to make it clear that she believes the whole project should go forward, not just the section in Delaware.
