Stradley Ronon Team Secures High-Profile Win for PhilaPort in Port Construction Case
Stradley Ronon has obtained a sweeping victory on behalf of the Philadelphia Regional Port Authority (PhilaPort) in a highly contested matter over the proposal of a new port on the Delaware River.
In Philadelphia Regional Port Authority v. U.S. Army Corps of Engineers, PhilaPort alleged that Diamond State Port Corp.’s construction of a port in Edgemoor, Delaware, would divert shipping from Philadelphia to Delaware and that the permitting process led by the U.S. Army Corps of Engineers (Army Corps) failed to meet the requirements of the Administrative Procedure Act, among other claims.
In a published opinion on October 28 that adopted most all of the port authority’s positions, the U.S. District Court for the Eastern District of Pennsylvania vacated various underlying permits and authorization issued by the Army Corps. Significantly, the court noted that Diamond State never sought a statement of no opinion from PhilaPort, the first step in the permitting process.
The court ordered the Army Corps to reevaluate the project, effectively restarting the permitting process. This win for PhilaPort is the result of our team’s vigorous representation and will have a significant impact on the long-term shipping business in the Philadelphia region.