Editor’s note: This issue is currently dormant but expected to return when the Army Corps of Engineers intends to dig to 50 ft. We will continue monitoring the situation and may take up the issue in the future.

Overview

For over 20 years the Delaware Riverkeeper Network battled against the U.S. Army Corps of Engineers proposal to deepen the Delaware River’s main navigation channel from 40 to 45 feet.   After grassroots organizing, advocacy and litigation the Army Corps finally got all of the approvals and funding it needed to start the project in 2010.  In 2019 the deepening work is still ongoing, with blasting taking place in the River in areas critical for our federal endangered sturgeon.

The deepening will have long term and enduring environmental and economic impacts on our River and region.

Uneconomical

Three times the Government Accountability Office  questioned and/or challenged the claims of economic benefit made by the Army Corps of Engineers for its proposed Delaware River Deepening Project.  In May 2011 the Army Corps, without any public awareness or announcement, completed its 8th economic review of the project in which it once again concluded the project was cost beneficial.  Having secured a copy of this report as the result of a Freedom of Information Act the Delaware Riverkeeper Network secured an independent review which found basic and fundamental flaws in the analysis done by the Army Corps and which proves their positive economic claims for the project are over-inflated and misrepresent reality. In short, merely correcting for a fundamental and basic economic analysis flaw identified the benefit-cost ratio for the project falls to a mere 1.1 to 1, i.e. at best one can claim 10 cents of net taxpayer benefit for every $1 invested in the Delaware River deepening project.  When additional errors are taken into consideration, this figure falls even further, supporting a conclusion that when accurately assessed the Delaware Deepening project yields less than $1 of benefit for taxpayers for every $1 they invest – i.e. it is a net loss for the taxpayers and therefore cannot warrant the nearly $300 million it requires for construction.  The new analysis also showed that the ports will continue to get traffic without a deepened channel and that the Army Corps knows this.

Environmentally Deepening is a Big Loser…

When it comes to the environmental and community harms, for years, agencies and environmental experts relying on sound scientific principles have documented the depth and breadth of the threats that deepening the River poses.  Those questioning the project include: the U.S. Fish and Wildlife Service, the National Marine Fisheries Service, the Delaware River Basin Commission, the Delaware Department of Natural Resources and Environmental Control, the New Jersey Department of Environmental Protection, the University of Delaware’s Sea Grant Program, and more.

Environmentally, deepening the channel changes the movement and balance of fresh and salt water in a way that will move the salt line up river, threatening drinking water supplies and economically important oyster populations.  A multitude of species rely on the Delaware River for spawning; a changing salt line could diminish available freshwater spawning grounds that put at risk species like the Atlantic and shortnose sturgeon already in jeopardy of extinction. A changing salt line also risks the transformation of freshwater marshes, damaging the food and habitat they provide to a variety of fish and wildlife species important both ecologically and economically to the region.

A moving salt line is also a major threat to the oyster populations of the Delaware Estuary. The shifting salt line threatens significant changes, including the reintroduction of parasites and disease to the River’s oysters that in the past decimated these populations.  Oysters are vital to the ecology of the Delaware.  Oysters act as a vital food source for many of the River’s creatures and are important filters for pollution found in Estuary waters. Delaware Estuary oysters represent an important source of commercial value to the Delaware Estuary and Bay region. The annual harvest of oysters from the Delaware Estuary generates up to $80 million of annual economic benefit for the region, much of this in some of the region’s poorest communities that could not tolerate the loss of jobs, revenue and benefit if oyster populations decline.

Home to the largest spawning population of horseshoe crabs in the world

The Delaware Bay is home to the largest spawning population of horseshoe crabs in the world.  Every season, migratory shorebirds descend on Delaware Bay to feast on the eggs of the horseshoe crabs. The deepening project directly threatens the horseshoe crabs and their ability to successfully spawn in key areas in Delaware and, as a result, poses unacceptable threats to migratory birds already in decline because of a lack of needed horseshoe crab eggs. Horseshoe crabs and the migratory birds dependent on them bring a $34 million boost to the region’s ecotourism industry every year. Nationally, horseshoe crabs represent a substantial benefit to the biomedical industry, to which one pint of Horseshoe Crab blood is worth $15,000 for required testing on medical devices, vaccines and intravenous drugs, representing $150 million of annual revenue and social welfare value.

According to experts, the deepening project and associated spoil disposal will introduce heavy metals, pesticides, and other toxins into the River, reintroducing them into the environment and food chain, and putting at risk drinking water aquifers important to communities in New Jersey and Delaware.

Deepening would change water patterns in such a way that it will exacerbate erosion of wetlands. Wetlands are important ecologically, aesthetically and provide important protection during catastrophic storm events. The list of harms goes on.

Already we are hearing noises about deepening the River to 50 feet — so this is a battle that may be dormant for now but is likely to return.

Litigation: Delaware Riverkeeper, et. al. v. US Army Corps of Engineers (2009)

In October 2009, the Army Corps announced a Notice to Proceed with the Delaware Deepening project. In November 2009, the Delaware Riverkeeper Network led four other citizen environmental organizations – National Wildlife Federation, New Jersey Environmental Federation, Delaware Nature Society, Clean Water Action in Pennsylvania – to file suit in Federal District Court in New Jersey against the Delaware deepening proposal.  DRN and the groups also filed a motion in Delaware District Court to intervene in and support the legal action brought against the deepening by the State of Delaware, including a motion for a preliminary injunction. 

When the Army Corps announced that it was going to proceed with the Deepening project at this time, it was announcing its arbitrary and capricious intent to violate the Administrative Procedures Act, based on non-compliance with no less than 6 federal environmental and community protection laws as well as state environmental and community protection laws.  

In addition to being a flagrant violation of state and federal law, the Notice to Proceed and related action by the Army Corps (supported by Pennsylvania) to move forward with the deepening without needed Delaware and New Jersey permits and approvals is a stripping of state environmental protection authority that cannot be allowed to stand. 

While DRN fully supported (and indeed advocated for) legal challenges by New Jersey and Delaware, DRN did not believe the states’ legal challenges fully represented all of the legal violations, nor did the states represent all the interests that DRN and its partners bring to bear on the issue.   New Jersey’s action was broader than Delaware’s and included more environmental claims to be sure, but neither included the full array of environmental harms that is included in the Delaware Riverkeeper Network litigation, and it is impossible to know how the states will proceed strategically.   Further, DRN represents a holistic view of the watershed and the protection of the River and environments, not based on political boundaries, but on their importance to our members and the citizens of the region.

Responding to a motion for a preliminary injunction filed in the Delaware case the Army Corps was allowed to begin one 12 mile stretch of the project with an injunction imposed on the forward movement of the rest of the project.  That initial work began on March 1, 2010.

The New Jersey Judge denied a request by the Army Corps to transfer the New Jersey case to Delaware and therefore to allow the consolidation of the two cases.  As a result the two District Court cases proceeded on parallel tracks.  RN’s attorneys, on behalf of our coalition of clients, filed motions for summary judgment in both district courts.

Delaware Riverkeeper Network, on October 18, 2010, filed a notice of intent to sue regarding the deepening project and ensuring it does not violate the Endangered Species Act with regards to Atlantic Sturgeon, proposed October 6, 2010 for ESA listing by the National Marine Fisheries Service and identified as at particular risk from the deepening project.  

On November 4th, Judge Joel Pisano of the federal District of New Jersey denied our motion to stay proceedings pending the Army Corps of Engineers’ compliance with its obligations under the National Environmental Policy Act (NEPA) and the Endangered Species Act (ESA) to protect Atlantic sturgeon in the Delaware River. We filed this motion after the National Marine Fisheries Service proposed the Atlantic sturgeon for listing under the Endangered Species Act on October 6, 2010. Judge Pisano ruled that our motion to stay was premature because the Corps needs more time to fulfill its obligations under NEPA and the ESA and that granting the stay would cause economic harm to the Port of Philadelphia. He also stated that granting our motion to stay is unnecessary because the Corps is currently under an injunction issued by Judge Robinson of the federal District of Delaware in our litigation in front of that court, preventing the Corps from proceeding with further dredging. 
 
Notably, however, even prior to Judge Pisano’s ruling, the Corps had already canceled its contract process for the next phase of dredging that was intended to begin on December 1, 2010. We understand that the Corps does not intend to begin further work on the Deepening Project until August 2011, and that it is currently working to fulfill its obligations under the ESA to confer with the National Marine Fisheries Service on the Deepening Project’s impacts on Atlantic sturgeon as well as its obligations under NEPA to consider doing a Supplemental Environmental Impact Statement.

On November 17, 2010, Judge Robinson of the federal district court in Delaware issued  her decision on the parties’  cross-motions for summary judgment, rationalizing the Army Corps’ decision to proceed with a multi-year, multi-million dollar project to deepen the shipping channel by a full five feet as an action to “maintain” navigation. Her decision found for the Corps on all counts and enabled the Corps to avoid all responsibility for complying with environmental review, particularly review under Delaware state law. Simultaneously she also denied our motion to stay based on the Army Corps’ need to comply with the ESA and NEPA to ensure protection for the proposed endangered Atlantic sturgeon in the River. Judge Robinson lifted her injunction against the Deepening Project’s proceeding in all reaches of the River, giving the Army Corps the green light to proceed with its plans to deepen, straighten, and otherwise permanently degrade and alter the River and its habitats.  
 
DRN and our co-plaintiffs will file an appeal with the Third Circuit to challenge Judge Robinson’s decision, particularly her faulty reading of the Clean Water Act’s definition of the Army Corps’ ability to “maintain” navigation. 

On January 13, 2011, Judge Joel A. Pisano, District Judge for the United States District Court District of New Jersey issued his opinion in which he denied the motions for Summary Judgment filed by the State of New Jersey and five environmental organizations, including Delaware Riverkeeper Network.  In his decision, Judge Pisano gave the Army Corps deference for their actions and decisions, and used this as a firm basis upon which to rest his opinion.  The Delaware Riverkeeper Network does not believe this deference is factually or legally warranted and that the judge reached a flawed conclusion. 

February 1, 2011, the Delaware Riverkeeper Network, the Delaware Riverkeeper, New Jersey Environmental Federation, Clean Water Action, Delaware Nature Society and National Wildlife Federation filed an appeal to the Third Circuit Court of Appeals of the ruling by Judge Sue Robinson of the U.S. District Court in the District of Delaware. 

February 16, 2011, the Delaware Riverkeeper Network, the Delaware Riverkeeper, New Jersey Environmental Federation, Clean Water Action, Delaware Nature Society and National Wildlife Federation filed their appeal to the Third Circuit Court of Appeals of the January 13, 2011 ruling by Judge Joel A. Pisano, U.S. District Court in the District of New Jersey regarding the Delaware deepening project. This appeal is the second one filed by the five environmental organizations. The first appeal was filed on February 1, 2011 and challenged the ruling by Judge Sue Robinson of the U.S. District Court in the District of Delaware. 

On January 18th, 2012, oral arguments before the Third Circuit Court of Appeals took place.

In the end, the courts sided with the Army Corps of Engineers and have allowed the project to proceed without further environmental assessment or consideration.

Monitoring Horseshoe Crabs, Tagging, and Rescues

Update: February 2024:

Delaware Riverkeeper Network joined Center for Biological Diversity and over 20 conservation allies to draft and submit a petition to urge the US Commerce Dept to list the American Horseshoe Crab as threatened or endangered under the federal Endangered Species Act. Horseshoe crab populations crashed due to overharvesting for bait many years ago, and have not recovered to their historic numbers despite efforts underway by conservation groups.  As a keystone species to the Delaware Bay their continued decline is extremely worrisome cuasing cascading impacts to the flor and fauana of the Delaware Bay and beyond.  Their habitat is rapidly disappearing, they continue to be overharvested for both bait and blood, and their spawning beaches are threatened by development, erosion, pollution, and climate change.

Listing American horseshoe crabs under the Endangered Species Act would provide many important protections to this species and their habitats. This horseshoe crab petition will also initiate a federal review of the species that could provide important data, research, funding, and oversight of ASMFC and state management agencies who continue to attempt to eat away at long hard protections that are science based and essential for the horseshoe crab.  Please stay tuned to this important petition effort and we will update you when it is time to write in letters to support this initial petition.

Overview

Delaware Riverkeeper Network will be out along the Bay this coming May and June for horseshoe crab monitoring work.  If you would like to possibly join us in this community science based  volunteer monitoring and tagging effort that we have been a part of each year for over two decades on the New Jersey and Delaware beaches, please contact faith@delawareriverkeeper.org

For decades, the Delaware Riverkeeper Network along with our colleagues from around the region, country and world have struggled to protect the horseshoe crabs of Delaware Bay from their continuing decline and to protect the shorebirds dependent upon them from going extinct as a result of that decline. In 2010 we had a huge success.  New Jersey passed a moratorium on the harvest of horseshoe crabs until such time as the birds dependent upon them could be deemed to have recovered.  

The Delaware Bay is critical habitat to more than 400 species of birds and migrating shorebirds. In fact, the Delaware Bay “is one of the most important stopover sites in North America for long distance migratory shorebirds.”  Each spring, at least 11 species of birds, including the red knot rufa, stop over on the Delaware Bayshore to feed on the eggs of the horseshoe crab and thereby fuel their annual spring migration. 

Available scientific studies clearly indicate large declines in shorebirds that is directly linked to decreasing shorebird weights and their decreased ability to feed themselves with horseshoe crabs eggs when they arrive along Delaware Bay beaches during their spring migration. Horseshoe crab numbers are at historic lows, resulting in low abundance and availability of horseshoe crab eggs for migratory shorebirds. As horseshoe crabs take 7-10 years to mature, we have a long way to go before historic densities of eggs will once again be found on the beaches of the Delaware Bay. The horseshoe crabs are not only vital for the shorebirds, but they currently provide an irreplaceable substance necessary for testing vaccinations and medical devices to ensure they are safe for human use.  Efforts continue to advocate the biomedical industry replaces this horseshoe crab use of blood with artificial alternatives that have been developed to further take pressure off of the struggling horseshoe crab populations.    

Peak counts of red knots on the Delaware Bay stopover have declined by 70% since 1998. Other shorebirds that rely on horseshoe crab eggs, such as ruddy turnstone, semipalmated sandpiper, sanderling, dunlin and short-billed dowitcher have also declined in number on the Delaware Bay migratory stopover. These species, together with red knots, make up 99 percent of the shorebird concentration in the Delaware Bay. All are dependent upon horseshoe crab eggs for all or most of their diet during the stopover, and all have significantly declined in population.  Sea turtles and other animals also feast on horseshoe crab eggs. 

Much of the recreation and culture of the New Jersey Bayshore is linked to the spawning of the horseshoe crabs and the annual arrival of the migratory shorebirds, including the red knot. The arrival, feasting and migration of the shorebirds supports a multi-million dollar ecotourism industry. Birding and outdoor enthusiasts from all over the world flock to the Delaware Bay shore to watch the spectacular feeding frenzy. During their visits, they buy recreation-related goods and services, stay in the region’s hotels, visit parks and patronize restaurants and local shops. According to one report, horseshoe crab-dependent ecotourism generates between approximately $7 million and $10 million of annual spending in Cape May, New Jersey alone, and creates 120 to 180 related jobs, providing an additional $3 million to $4 million in social welfare value.  According to a New Jersey Department of Fish and Wildlife report, the economic value of the horseshoe crab and migratory bird phenomenon seasonally for the Delaware Bay shore area is over $11.8 million with over $15 million of economic value generated if other beneficiaries beyond New Jersey are included. Annually, it provides $25 million in benefits to the Delaware Bay shore region and $34 million regionally. Because most of these expenditures occur in the “off-season”, they are particularly valuable to local economies. 

The continuing existence of the horseshoe crab and migrating shorebird phenomenon is vital for the related ecotourism industry. Of those surveyed, only 6.6% said that the horseshoe crab and shorebird phenomenon was unimportant to their visitor satisfaction. On average those surveyed said they would be willing to pay as much as $212.45 (in decreased annual household income) annually for a program to protect these resources; and that they would “be willing to tolerate no more than 50.7% decline in Horseshoe Crabs and migratory shorebirds before they would cease visiting the Delaware Bay shore area.” 

About the Petition

In 2005, the Delaware Riverkeeper Network led the creation and submission of a petition to the U.S. Fish and Wildlife Service (USFWS) to list the red knot (Caladris canutus rufa) as an endangered species under the Endangered Species Act.  The USFWS finally on September 30, 2013 took steps to list the Red Knot as “Threatened” under the Endangered Species Act in response to our petition.  Delaware Riverkeeper Network continued to push for “Endangered” listing through the public comment process that ended June 2014 to urge for elevation of protections.   A final USFWS listing rule of “Threatened” for the red knot was published December 11, 2014, with an effective date of January 12, 2015, triggering the full Section 7 consultation requirements of the Endangered Species Act. 

Delaware Riverkeeper Network continues to advocate, collaborate, and assist with monitoring  and tagging projects and stakeholder groups for the protection of the horseshoe crabs and shorebirds as threats emerge and continue for these essential animals that are keystone species to the Delaware Bay.   DRN currently sits on a stakeholder group as part of enforcement of the ESA and Published Biological Opinion (PBO) on the Effects of Existing and Expanded Structural Aquaculture of Native Bivalves in the Delaware Bay to watchdog the impacts that oyster aquaculture farming activities could have on red knots and the horseshoe crabs as this farming footprint operates and continues to seek to expand in the Delaware Bay

View a video from May 2014 showing horseshoe crab tagging with the Delaware Riverkeeper Network and efforts for volunteers to take part in citizen science to help the crabs and shorebirds.

Update 2025-04-01:

The US EPA announced that that it will “finalize a rule revising outdated water quality standards for 38 miles of the Delaware River between Philadelphia and Wilmington” and that the final rule will “prioritize clean water to support aquatic life and benefit those living, working and recreating in Delaware, New Jersey and Pennsylvania.”

This announcement confirmed the dissolved oxygen standards for the Delaware River and Estuary would be delayed from their expected date but would still be issued in a delayed but timely fashion. No exact time line has been issued but the Delaware Riverkeeper Network continues to advocate for the highest possible standards while we await the final rule. Read the full press release HERE

Update 2024-10-24:

Delaware Riverkeeper Network Files Lawsuits Against The States of New York, New Jersey, and Delaware For Failing To Uphold Their Legal Obligations to Protect the Atlantic Sturgeon

On October 24, 2024, Delaware Riverkeeper Network and Hudson Riverkeeper filed suits against the states of New York, New Jersey, and Delaware to address the illegal capture and killing of endangered Atlantic Sturgeon by commercial fishing operations. Commercial fisheries approved and permitted by the three states have caused Atlantic Sturgeon to be caught, harmed, injured, and killed as bycatch. The level of scientifically documented bycatch, as well as a recognition that high levels of bycatch are unaccounted for due to a lack of required monitoring is leaving the future of these ancient creatures in perilous question, according to the organizations. 

The two organizations held a press conference to address questions on the filings, which can be viewed here: (New York, New Jersey, Delaware). Read the full press release here.

On July 18, 2024, the Delaware Riverkeeper Network and the Hudson Riverkeeper joined forces to submit notices of intent to sue for the illegal killing of Atlantic Sturgeon to New York, New Jersey, and Delaware. The notices describe how Atlantic sturgeon are being killed in high and unaccounted for numbers without required permitting or approval pursuant to the Endangered Species Act in each of the three states. Read more on the notice here. 

Update 2024-10-02:

Delaware Riverkeeper Network Files Lawsuit Against US EPA: Claims Agency’s Delayed Release of Water Quality Standards Essential for Protecting Endangered Sturgeon & Other Aquatic Life Violates the Clean Water Act

On October 2, 2024, Delaware Riverkeeper Network filed a complaint in the U.S. District Court for the Eastern District of Pennsylvania against the US Environmental Protection Agency (EPA) for its failure to finalize dissolved oxygen standards essential for protecting the Delaware River’s endangered population of Atlantic Sturgeon and other aquatic life. The lawsuit was filed after the government was given a 60-day notice of the Delaware Riverkeeper Network’s intent to file the suit if action was not taken to resolve the legal violation. Read the full press release here.

To find out what you can do to help the Atlantic Sturgeon today, visit dinointhedelaware.org.

Background & information

The Delaware Riverkeeper Network has defended the genetically unique population of Atlantic Sturgeon, found only in the Delaware River, for over a decade. We have advocated for the designation of the Delaware River population of Atlantic Sturgeon as endangered and have brought multiple legal actions to ensure that federal and state agencies uphold their obligations to protect this prehistoric species.

The Atlantic Sturgeon has a storied history in the Delaware River watershed. 

This prehistoric fish was once an important resource for local Native American tribes with the Delaware River supporting the largest population of Atlantic Sturgeon in North America. Atlantic Sturgeon are a vital part of the River’s ecosystem – past, present, and future.

The National Marine Fisheries Service (NMFS) estimates that historically there were around 180,000 spawning females in the Delaware River population of Atlantic Sturgeon. As a result, the Delaware River gained the title of “caviar capital of North America”. Seventy five percent of the 1890-1899 Sturgeon harvest originated in the Delaware River watershed (Cobb, J. The Sturgeon Fishery of the Delaware River and Bay, Report of Commissioner of Fish and Fisheries (1899).) This frenzied over-harvesting quickly led to a drastic collapse of the River’s Atlantic Sturgeon population.

The Atlantic Sturgeon are facing threats from every angle. Habitat loss from dredging, blasting, and other deepening activities; saltwater intrusion; water pollution and poor water quality; the loss of river bottom habitat needed for spawning from coverage of silt from the coal industry; impingement and entrainment; boat and propeller strikes; and fisheries bycatch have all contributed to the Atlantic Sturgeon’s continued decline and inability to recover from the historic overharvesting. As a result of these devastating and ongoing impacts it is estimated that there are less than 250 spawning adults left of the Delaware River population of Atlantic Sturgeon.

To find out what you can do to help the Atlantic Sturgeon today, visit dinointhedelaware.org.

Our Atlantic Sturgeon are unique

When the Atlantic Sturgeon of the U.S. were listed under the Endangered Species Act in 2012, a Distinct Population Segments (DPS) of Atlantic Sturgeon were identified. Four DPS’ were listed as endangered (New York Bight which includes the Delaware River population, Chesapeake Bay, Carolina, South Atlantic) and the fifth DPS has been listed as threatened (Gulf of Maine).  (You can learn more about the various DPS listings here.) 

While the New York Bight Distinct Population Segment (DPS) is unique among Atlantic Sturgeon,  the Delaware River population of Atlantic Sturgeon are unique among the New York Bight. The Delaware River population of Atlantic Sturgeon contains a genetically distinct haplotype unique to only the Delaware River. Meaning, this population of Atlantic Sturgeon are found nowhere else in the world but in our Delaware River. Unfortunately, this unique population is also in the worst shape; despite a decades-long moratorium on fishing, the population has been largely unable to recover because of the myriad of harmful activities and circumstances discussed above.

Our Work

The importance of protecting the ancient species

The Delaware Riverkeeper Network recognizes the importance of protecting this ancient species, and has been intimately involved in its listing and the development of critical habitat. Since the earliest days of our organization in 1988, the Delaware Riverkeeper Network has been a staunch advocate for the protection of the Delaware River’s genetically distinct population of Atlantic Sturgeon. In October of 2010, DRN submitted comments on NMFS’s recommendation for endangered species status, and in April and June of 2012 DRN wrote NMFS emphasizing the need to establish critical habitat and to protect the Atlantic Sturgeon from the harms of the Delaware deepening project. In March of 2014 DRN filed suit against NMFS in order to secure priority establishment of critical habitat for Atlantic Sturgeon. As the result of a legal settlement of the case, a critical habitat designation for the Delaware River was proposed and finalized, along with critical habitat for other DPS’, in 2017. 

The critical habitat designation for the Delaware River population of Atlantic Sturgeon includes the Delaware River from the Route 1 Toll Bridge in Trenton downstream 137 river kilometers to Hope Creek, NJ. This portion of the river is vital to the Atlantic Sturgeon’s recovery as it functions as both spawning grounds for Atlantic Sturgeon and as a migration corridor to and from the Atlantic Sturgeon’s spawning grounds. This section of the Delaware Estuary contains the hard substrate, low salinity, and proper spring and fall temperatures necessary for successful spawning.  This section of River is also under past, present and increasing pressures harmful to Atlantic Sturgeon – including, but not limited to, advancement of the Rivers salt line caused by human activities which reduce the geographic scope of the spawning grounds available, dredging, in-river development, increased and ongoing pollution inputs, ship strikes and more.  The Delaware Riverkeeper Network had urged that the designation include the Delaware Bay, also critical for the species, but the final designation did not include this portion of the Delaware River system.

Holding government accountable

On more than one occasion, the Delaware Riverkeeper Network has held state and federal agencies accountable for their crimes against the prehistoric fish. We have sent urgent letters and rallied the environmental community on behalf of the Sturgeon, we work constantly to not only educate the public but also involve them in the fight for the Sturgeon.

Whether it be preventing the U.S. Army Corp of Engineers from dumping on critical habitat, urging the National Marine Fisheries Services to protect the species from excessive takes from dredging projects, battling the Salem Nuclear Generating Station for its intake system that kills over 14 billion fish at all stages of life including the Atlantic Sturgeon, or suing state and federal agencies for putting the fish at risk of vessel strike or bycatch (and thus violating the Endangered Species Act), the Delaware Riverkeeper Network has been and continues to be the Atlantic Sturgeons’ #1 advocate.

Raising our voices

The Delaware Riverkeeper Network has led many public awareness campaigns to educate the community on the plight of the genetically unique population of Atlantic Sturgeon of the Delaware River.

In November of 2022, Delaware Riverkeeper Network held a funeral march for the loss of 350,000 Atlantic Sturgeon of the Delaware River. Over 50 demonstrators, including activists, Indigenous leaders, community members, and environmental advocates from across the watershed gathered at Philadelphia City Hall to demand better protections for the Sturgeon by government agencies.

As a continuation of the Atlantic Sturgeon Funeral, in June of 2023, Delaware Riverkeeper Network hosted the “Last Baby Shower for the Delaware River Atlantic Sturgeon”. Over the course of the two day event, activists and volunteers canvassed the lawns of Independence Hall and the streets of Philadelphia to alert the public once again to the Sturgeon’s dire situation, while at the same time gathering signatures for a message directed at the National Marine Fisheries Service (NMFS), US Environmental Protection Agency (US EPA), and Delaware River Basin Commission (DRBC) urging immediate and specific protective action for the nearly extinct population.

Related

Litigation: Delaware Riverkeeper Network , et al. v. United States Dep’t of Commerce, et al., No. 14-cv-00434 (D.D.C.)

Help Oppose the Edgemoor Port Expansion that Includes 13 Fans Operating on the Riverbed Threatening Water Quality and Fish

Diamond State Port Corporation is asking the US Army Corps of Engineers and the State of Delaware to approve their new port expansion at the old Dupont Chemours Edgemoor manufacturing facility along the the Delaware River in New Castle County, DE in order to create a multi-use containerized cargo port to service deep draft vessels.

The project includes dredging and deepening to create a new 45 foot deep access channel from the main navigation channel to the port facility resulting in 3,325,000 cubic yards (cy) of dredged spoils for disposal.  Maintenance dredging will result in an additional 500,000 cy of dredge spoils annually.  10% of the spoils would be used for fill onsite or other purposes, the rest would be disposed of in Army Corps confined disposal facilities (CDFs) including Wilmington Harbor North, Wilmington Harbor South, Reedy Point North and Reedy Point South. 

The project includes construction of a ~2600-foot long, pile-supported wharf and steel sheet pile retaining wall (bulkhead) along the landward side of the wharf structure. Construction of the bulkhead will require the discharge of fill material into 5.5 acres of river bottom. The wharf will be supported by 4500 twenty-inch diameter steel pipe pilings filled with concrete.

About the 13 fans in the River 

The project includes installation and operation of 13 fans in the River that pose a risk to aquatic species including the impingement or entrainment of fish, eggs or larvae, and/or the blowing of sediment that threatens to smother river bottom habitats, sessile species or cause sediment plumes in the water column that could choke or displace fish.  The 13 fans would be placed every 200 feet along the riverfront face of the wharf. Each fan would be used to blow sediment from approximately 160 feet of riverbed  in an effort to reduce the volume of maintenance dredging required for the project. The fans will operate by drawing water into the top of a 48-inch diameter “J-shaped” tube, passed through a hydraulically powered pump impellor, that is then discharged as a jet along the bottom of the River. The fans will rotate at speeds on the order of 275 revolutions per minute. The fans will include a 4-inch screen at their larger intake end and an open space of 1.5 feet between the blades. The fans will direct the discharge jet in the direction of tidal current flow. Each fan will run 4 times a day for 30 minutes (twice during the flood tide and twice during the ebb).

Previous proposals to use similar fans were opposed by fishery experts due to the serious threat to aquatic life and were withdrawn before a final decision was made.  There is particular concern about the federal endangered sturgeon of the River and Striped Bass.

The Concern

Fishery experts, and the Delaware Riverkeeper Network are tremendously concerned about the sediment plume blown out by the fans smothering river bottom habitats, potentially smothering sessile critters laying on the river floor, impinging fish, eggs or larvae on the intake screens or entraining (cutting up) fish, eggs and larvae that will be drawn into and through the fans and their blades.   There are also concerns about the impact of the sediment plume on fish and water quality – potential choking from the plume of sediment or forcing fish to redirect their movements in reaction to the plume in ways that could impact them.

The Army Corps initially only provided 30 days, during a pandemic and the month of August to comment.  Many of you responded to our call to urge the Army Corps to give more time to comment.  While they did so after the original comment period had expired, in the end the Army Corps did give more time to comment.  Delaware Riverkeeper Network is working to secure information and documentation on the project so we can put together informed comments for the Army Corps record.  You can find our initial comment to the Army Corps here.

In addition, on August 23rd, the state of Delaware issued its public notice for the project, providing easily accesible documents online, scheduling a public hearing for the evening of September 29 at 6 pm, and providing a comment period that will extend until November 1.  You can find DNREC’s information online at this link.

Success

And we have already achieved a big success.  While orignally the Delaware River Basin Commission had proposed passage of a resolution that the Commission’s review of the Port of Wilmington Edgemoor Expansion project for consistency with the Comprehensive Plan may be accomplished largely within the context of the coordinated permit processes led by the Delaware Department of Natural Resources and Environmental Control and the U.S. Army Corps of Engineers” — essentially watering down DRBC’s own decisionmaking authority, its comment process, and the need for a DRBC docket — the Delaware Riverkeeper Network urged the Commissioners at their August 2020 public hearing to vote no on this resolution and instead commit to undertaking its own independent review of this project.  SUCCESS!  On September 10, the DRBC Commissioners pulled the resolution from the proposed agenda for a vote and instead committed to maintaining its full authority, review process and need for a DRBC docket. 

UPDATE 2022-07-21:

Delaware Riverkeeper Network sent a 60-day notice of intent to sue the National Marine Fisheries Service (NMFS) for violating the Endangered Species Act. These violations concern the Biological Opinions issued to the Army Corps of Engineers for the New Jersey Wind Port project and the Edgemoor Container Port project. If permitted by the Army Corps, these commercial ports could threaten the continued existence of the Delaware River Estuary’s genetically unique population of Atlantic sturgeon. According to the notice, if these projects move forward, the increase in ship traffic within the estuary will increase sturgeon deaths due to vessel strike, which could threaten the survival of the Delaware River Atlantic Sturgeon.

Editor’s note: This issue is currently dormant. We will continue monitoring the situation and may take up the issue in the future.

Overview

The Delaware Riverkeeper Network (DRN) is transforming an area at Radnor’s Ithan Elementary School that had been overwhelmed by invasives into an area dominated by native plants, and is creating three rain gardens that will slow, infiltrate, and clean stormwater runoff.  The effort will also result in healthy plant and animal habitat that can support environmental education at the school. 

Overview

Hamilton Township (Mercer County), New Jersey – Synnergy Solar, LLC is proposing to construct a 4.1 MW solar array field on a 38.2 acs site located at the confluence of the Assunpink Creek and its tributary, the Miry Run.

While the Delaware Riverkeeper Network (DRN) is a strong and out-spoken advocate for solar energy, the selected location of this streamside project has raised concerns. Prior land uses at this site were industrial and farming.   Today, however, the site is covered with a successional forest, wetlands and some potential vernal pools.  If constructed, nearly 60% of the solar panels would be located in the protected, forested riparian buffer area and would require the cutting of 820 large trees ((10” diameter breast height (DBH).)) Those large trees will be mitigated for, but all the other critically important plants (i.e smaller trees, shrubs and ground cover) that make-up a riparian buffer and provide the water quality, flood protection and wildlife habitat benefits will be lost and not accounted for after construction.

The applicant has made some accommodations reducing the riparian buffer impact from 12.5 acs. to approximately 11.5 acres. That is still a lot and still well into the regulatory protected zone.  As a result, the applicant is still seeking waivers for Hamilton Townships Stream Buffer Conservation Zone and the Forest Preservation Ordinance. DRN has retained the stormwater engineering expertise of Princeton Hydro to more fully assess the total and cumulative impact this project, if allowed to proceed as proposed, would have on impacted streams and downstream flooding.

GET INFORMED

The proposed development application, waiver request, Environmental Impact Statement and other relevant documents are available for public viewing in the links below. Please review and bring your questions and concerns.

The Synnergy Solar project will next be heard by the Planning Board at 7:00PM on January 24, 2019.

Hamilton Township will experience the environmental impacts of this project, but the economic benefit will go elsewhere – the electrical power generated by Synnergy is contracted to the Ewing Lawrence Sewer Authority’s treatment plant.  While the Delaware Riverkeeper Network is a strong advocate of clean energy, including solar, it cannot come at the expense of the natural streams that sustain us and our environment.  There are many good locations where solar can be placed, in a place that requires extensive cutting of a riparian forest cannot be one of them.

Overview

Delaware Riverkeeper Network’s local allies, the Darby Creek Valley Association submitted a stream upgrade petition to the PADEP for sections of the Whetstone Creek, a tributary to the Darby Creek located in Marple Township, PA. This tributary is one of the last remaining forested streams of the highly urbanized Darby Creek Watershed. DRN has been helping the community to push and support this stream upgrade petition to ensure this diverse tributary is protected as it deserves. Whetstone flows through beautiful Marple Woods where the community has enjoyed recreating for decades. The large majestic beech trees and forest that remains is rare for Delaware County and efforts are underway to work to protect this habitat for permanent open space. 

Related

Beaver Creek, Delaware County, PA

Geryville Quarry (Dormant)

Tohickon Creek

Upper Delaware Regional Upgrade Petition to PA DEP

Upper Perkiomen Regional Stream Upgrade Petition

Upgrade Petition for the Hosensack Creek

3/19/14 UPDATE

DEP presented their final report and recommendation (no change) to the EQB on March 18th.  Delaware Riverkeeper Network, Perkiomen Trout Unlimited and Lower Milford presented testimony and photos of the Upper Perkiomen region in support of the petition.  The DEP’s recommendation of no change in the designation of the Upper Perkiomen was approved by the EQB after a long discussion with much questions and answers from the petitioners, the DEP, and the Board. The petition is now closed. However, the extensive advocacy (by co-petitioners, local municipalities, member organizations of the Campaign for Clean Water, and other allies) at the EQB level met with some success and was evidenced in the close questioning of DEP during the meeting.  The petitioners also garnered strong support and letters from legislators including Sen Bob Mensch, Rep Greg Vitali (who sits on the EQB), Senator Pat Brown, Rep Kessler, Rep Simmons, and Rep Toepel.  (Senator Wonderling – no longer in office also supported the petition).   Importantly, an unprecedented waiver of  the two year wait time to submit new data and or a revised new petition was granted.  In addition the petitioners were successful in urging the Fish and Boat Commission to perform trout surveys in the coming months to determine if sections of the upgrade area are deserving of Class A designation. 

On March 18, 2014, co-petitioners including Delaware Riverkeeper Network, Perkiomen Trout Unlimited, and Lower Milford Township presented to the PA Environmental Quality Board in support of the Upper Perkiomen stream upgrade redesignation petition that was submitted in 2008. They highlighted community support for the petition and qualifiers they believe make the Upper Perkiomen deserving of Exceptional Value designation. They also included photos of the region as they presented before the EQB which are part of this presentation.

Upper Perkiomen Petitoner Presentation and Photos at EQB Mtg from Delaware Riverkeeper Network

**2/17/14 UPDATE

Delay helps keep the Upper Perkiomen Petition in Play for Now But Action Could Be Taken to Deny The Perkiomen Exceptional Value Designation as Soon as March 18th if EQB takes it up at Their Next Meeting

On February 11, 2013, DRN received notice from DEP that the Department finalized their draft report on the Upper Perkiomen redesignation petition and was denying all upgrades to all segments of the Upper Perkiomen.  DEP planned to present their final report to the EQB for the Upper Perkiomen petition at the Feb 18th EQB meeting.   DRN and co-petitioners submitted extensive comments  in November last year urging DEP to consider more data and information submitted before killing the Upper Perkiomen upgrade petition.   Despite comments from DRN and co-petitioners, Lower Milford Township, letters from Rep Simmons and Senator Mensch and over 80 letters in support of the petition submitted, DEP finalized their draft report (below) which denied any upgrades to the Upper Perkiomen – leaving all designations as status quo.  And DEP gave DRN only seven days notice that they were presenting their report to the Environmental Quality Board at the Feb 18th, 2013 meeting in Harrisburg to move the petition one step closer to failure.

But the Upper Perkiomen got a last minute reprieve on Feb 17th after requests from Rep. Greg Vitali (who sits on the EQB) DRN, Trout Unlimited, and other co-petitioners requested DEP Secretary Chris Abruzzo and Chair to the EQB remove the Upper Perkiomen from the EQB agenda on Feb 18th.  Hearing us, Secretary Abbruzzo contacted DRN on the Presidents Day Holiday and tabled the Upper Perkiomen agenda item for the time being.  But the next time the EQB could take the petition up could be as soon as March 18th at the next regularly scheduled EQB Meeting so continued pressure to reverse this decision is needed and continuing by DRN and others who want to see the Upper Perkiomen upgraded to Exceptional Value. We are urging the EQB to give us more time to collect additional data and information and to urge the EQB that if DEP brings the petition to the Board, EQB members request DEP hold off on finalizing the petition and encourage more data collection and review and consideration of co-petitioner information that was submitted.  

Perkiomen Creek Current.jpgDiagram shows the current segmented designated uses for the Upper Perkiomen Basin.  Green Lane Reservoir is a major drinking water source for the surrounding region. 

History:

Stream data collected by Delaware Riverkeeper Network and Stroud Water Research Center indicate that the Upper Perkiomen Watershed located in parts of Montgomery, Lehigh, Berks and Bucks Counties is deserving of higher protections.   In light of the exceptional quality of the Upper Perkiomen Watershed and the national and regional significance of this watershed, in December 2007, Delaware Riverkeeper Network and its partners submitted a 43-page petition along with stream data and Appendices to the PA DEP to request an upgrade of the Upper Perkiomen Watershed to Exceptional Value and the Macoby Creek to High Quality.  This regional upgrade, if granted by PA DEP, would better protect the quality of these streams which flow into Green Lane Reservoir and provide drinking water to many Montgomery County residents.  The Exceptional Value designation would more accurately reflect the current importance and quality of the Upper Perkiomen Basin.  

In February, 2008, Delaware Riverkeeper Network, Perkiomen Watershed Conservancy, and Perkiomen Valley Trout Unlimited presented new findings in support of the Upper Perkiomen Creek before the Environmental Quality Board (EQB) in Harrisburg and provided additional co-petitioners and supporters of the upgrade petition.  At this meeting, PA DEP recommended the petition be considered and the EQB voted unanimously to accept the petition for consideration.  Stream surveys by PA DEP will be the next phase of this upgrade process.  
 
Since that time, several supplemental packages have been provided to PA DEP to support the petition.  On Sept 18, 2013, PA DEP provided public notice that the PA DEP draft report for the petition was out for a 30-day public comment.  Unfortunately , PA DEP is recommending that the Upper Perkiomen NOT receive EV designation and instead remain at its current designated uses for all reaches of the Upper Perkiomen (see maps below for proposed upgrade and current designations).  Delaware Riverkeeper Network and its co-petitioners are urging DEP to reconsider their decision and provide a longer comment period for the petitioners to reply and respond. 

With public input for a longer extension, PA DEP extended the public comment period to November 18, 2013 – giving 60 days notice. DRN and our co-petitioners are still urging PA DEP to give us more time and extend the comment so more data gathering can occur. 

Diagram shows the exceptional value designation that DRN and co-petitioners requested for the Upper Perkiomen (in green)  (and High Quality designation for Macoby Creek – in dark blue).

Related

Beaver Creek, Delaware County, PA

Geryville Quarry (Dormant)

Tohickon Creek

Whetstone Run

Upper Delaware Regional Upgrade Petition to PA DEP

Upgrade Petition for the Hosensack Creek

Overview

The Upper and Middle Delaware River is a jewel for our nation.  It inspires and provides for millions of Americans.  In December 2011, Delaware Riverkeeper Network and our local, regional and national allies submitted a petition to the Pennsylvania Dept of Environmental Protection (PADEP) to upgrade the Upper and Middle Delaware region to Exceptional Value (EV) status.  Based on diverse and healthy water quality, the vast public lands in the region, the importance of the Delaware River as provider of clean water to 15 million Americans, and the incredible ecotourism that this region brings to millions of citizens, this action is needed to give this region the designation it deserves.  

This EV designation is reserved for the state’s cleanest and healthiest streams.  There are only 3,300 miles of streams in Pennsylvania that have EV status and about 23,000 miles that have High Quality (HQ) status.  See an overall map of the proposed upgrade area here

Delaware Riverkeeper Network is seeking input from the community to supplement the data package that we originally submitted in 2011. Do you know of community projects, water protection initiatives restoration projects, protective municipal ordinances or local government actions that have occurred in the Upper Delaware region since 2011?  Please help us gather this information to supplement the petition.  Fill out this quick survey located here to have a community project or initiative included in the petition supplement:  

Related

Beaver Creek, Delaware County, PA

Geryville Quarry (Dormant)

Tohickon Creek

Whetstone Run

Upper Perkiomen Regional Stream Upgrade Petition

Upgrade Petition for the Hosensack Creek