Article on N.J. – Del. Border Dispute

An article in yesterday’s Bridgeton News highlights arguments in the dispute between New Jersey and Delaware over regulatory rights in connection with BP’s proposed Crown Landing terminal. Delaware argues that it has title to and authority over the river bed; New Jersey says the proposed pier is within its riparian rights. Delaware’s counsel said he was “delighted” the Court had appointed a Special Master. BP expressed “disappointment” at the Supreme Court’s decision to appoint a Special Master, but optimism regarding a 2003 Supreme Court ruling in which Lancaster also served as Special Master. In that conflict between Virginia and Maryland, the Supreme Court allowed Virginia to build a water intake pipe in the Potomac River without Maryland’s permission even though the state border was located at the low-water mark on the Virginia side. [Articles from the past two weeks are free.]

Separately, the article reports on New Jersey’s dispute with Pennsylvania over a plan to dredge the Delaware River shipping channel to a total depth of 45 feet.

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