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'I can't play this game anymore': union leader proposes pivot to New Jersey as Edgemoor Port stalls

Ship-to-shore cranes at the Port of Wilmington in Wilmington, Del.
Sarah Petrowich
/
Delaware Public Media
Ship-to-shore cranes at the Port of Wilmington in Wilmington, Del.

The Diamond State Port Corporation Board (DSPCB) remains committed to securing previously revoked federal permits for the proposed Edgemoor Port expansion project, but frustration from some lawmakers, local labor union leaders and members of the community is on the rise.

The Edgemoor Port expansion project and the status of its necessary federal permits

Delaware leaders have been looking to bring a new container terminal to the former DuPont chemical plant site in Edgemoor for almost a decade.

The land was acquired by the state in 2016 and the DSPCB — the public body that oversees the Port of Wilmington and the proposed Edgemoor Port — purchased the land in 2017 to officially facilitate the $635 million expansion project.

The promised “green port” would quadruple Delaware's capacity for container cargo and enable new and larger ships to be serviced.

The terminal is estimated to create nearly 6,000 new jobs, including more than 3,100 direct jobs. Total state and local taxes generated from the Edgemoor Port are estimated at $39.4 million annually.

Additionally, building the new facility is expected to create more than 3,900 construction jobs and generate $42.3 million in tax revenues.

Once completed and fully operational, “Port Delaware,” including both the existing and new terminals, is expected to generate a total of around 11,480 jobs and $76.2 million in tax revenues for the state, making it one of Delaware’s largest employment centers.

The project hit a major snag in October 2024 when a federal judge in Pennsylvania revoked the necessary federal permits for the expansion to proceed.

U.S. District Judge Mark Kearney ruled in favor of the Philadelphia Regional Port Authority (PhilaPort) and Holt Logistics, whose affiliates operate terminals in Philadelphia and South Jersey — the entities sued the U.S. Army Corps of Engineers after the permits were initially approved.

Judge Kearney opined the Corps acted “arbitrarily and capriciously departed from its own procedures” when giving the project the go-ahead, specifically stating the Corps dismissed maritime safety concerns posed by ships turning from the Delaware River’s shipping lane to the Edgemoor Port.

Delaware leaders have repeatedly stated for months they expect these permits to be reissued.

Secretary of State and Chair of the DSPCB Charuni Patibanda-Sanchez reiterated this commitment during the board's latest meeting Tuesday afternoon.

"We have been working diligently over the summer to help address the concerns raised by the Federal District Court in Pennsylvania, and this includes additional and updated technical reviews that relate to navigation and safety matters that were identified In the court's decision," Secretary Patibanda-Sanchez said. "Additional simulations with the Maritime Institute of Technology and Graduate Studies will also be conducted, and we look forward to submitting all of this work to the U.S. Army Corps to supplement the record and analysis, and we look forward to the Army Corps' independent review and consideration of these submittals."

Secretary Patibanda-Sanchez says the state expects to submit the additional paperwork to the Corps within the coming weeks and hopes the permits can be reissued by the end of the year.

Fed up state lawmakers and labor union leaders

The Edgemoor Port expansion reentered the limelight this year when political drama ensued over nominations made to the DSPCB in January.

A months-long contentious back-and-forth between Senate Democratic leadership and Gov. Matt Meyer ensued over a request to withdraw nominations made by former Lt. Gov. Bethany Hall-Long to the DSPCB during her her two-week tenure as governor prior to Gov. Meyer's inauguration.

After the Delaware Supreme Court opined in favor of Gov. Meyer, he opted only to renominate Pilots’ Association for the Bay and River Delaware member Robert "Jerry" Medd from Hall-Long's short list.

Medd, along with two other candidates, were confirmed by the full Senate, but leadership preemptively rejected Gov. Meyer's two remaining nominations, Associated Builders and Contractors of Delaware President Jen Cohan and former Port of Wilmington and DSPC Executive Director Gene Bailey.

Following the announcement, Senate Majority Whip Elizabeth “Tizzy” Lockman told WHYY Cohan's rejection was based on concerns that she is “the leader of an organization that’s not typically aligned as a pro-union organization."

In the same breath, the General Assembly passed a resolution reinstating the Port of Wilmington Expansion Task Force, sponsored by State Sen. Darius Brown (D-New Castle) who is a member of the DSPCB and represents the district that includes the proposed Edgemoor Port.

The task force was initially established in 2015 with instructions to issue a report examining the feasibility of increasing the Port's capacity for expansion, but the new iteration under Sen. Brown is an attempt to "monitor the ongoing efforts of the DSPC and Enstructure to meet the goal of beginning construction of the new port terminal as soon as possible."

Enstructure is the private operator of the Port of Wilmington and is engaged with the state in a public-private partnership to carry out the Edgemoor expansion project.

Although five of Gov. Meyer's cabinet heads are legislatively mandated to be members of the task force, their absence from meetings has been repeatedly noted by Task Force Co-Chair Sen. Brown, who publicly condemned Gov. Meyer's "behavior" when the body first convened.

When the task force was reestablished in April, the governor's Deputy Chief of Staff Nick Merlino said in a statement: "Under Delaware law, there's only one port board [the DSPCB]. We’ve talked about getting this expansion done for over 10 years now. Adding yet another task force is not how we efficiently expand the port or manage taxpayer money. The Governor, as he said last week during his State of the State address, is committed to getting this done."

At the task force's latest meeting Monday, Sen. Brown noted individuals who could have provided updates on the Environmental Appeals Board permit and the expansion project were "instructed not to be present."

"That becomes a hindrance, a hurdle and a barrier to the work that we're trying to do here through the port task force," Sen. Brown said, directly calling out the various cabinet secretary positions that were not in attendance and alluding to Enstructure's lack of participation.

"It's a total embarrassment when you can't work together," Co-Chair State Rep. Frank Cooke (D-New Castle) said. "But when you have these kind of shenanigans — I'm going to call it what I see it is — it's not fair. It's not fair, I mean, look at other economic things going around in our in our city, in our state, up and down our state that are going forward, getting things done, and we're going to leave the port behind? Something that's number one in this state? I can't figure it out, and I apologize to our constituents up and down the state and those who work at the Port of Wilmington. I'm apologizing for this happening."

Prior to Monday's meeting, Delaware Public Media asked Gov. Meyer if he sees a need for the DSPCB and the task force to get on the same page to help move the expansion project forward.

"I think we're on the same page as far as moving the Port forward. I don't know," Gov. Meyer answered. "I think there's a lot of politics behind the background that has a lot to do with the election last year. I don't pay much attention to it. My job is to deliver for Delawareans, especially in this day and age when there's— I think working people are being crushed."

When asked about the increased strife between the two Port bodies following Tuesday's DSPCB meeting, Secretary Patibanda-Sanchez said: "I wouldn't say that there's strife increasing, but I would say that it's really important when crafting a strategy to make sure timing is considered when it comes to information that is made public, and I think the DSPCB has full control over that information, and it is a very good place and resource for the public and for its board members to receive information and do their thoughtful analysis and then release that information to the public in a timely fashion."

The secretary declined to comment on a potential directive from the Meyer administration to Enstructure not attend the Port of Wilmington Expansion Task Force meetings. Enstructure also declined to comment on the potential directive.

But lawmakers aren't the only ones raising concerns over the Meyer administration's handling of the expansion project.

International Longshoreman’s Association (ILA) Local 1694 President William Ashe Jr. was one of Hall-Long's nominees to the DSPCB who was not ultimately renominated by Gov. Meyer.

The International Longshoremen’s Association is the largest union of maritime workers in North America, and the local chapter under Ashe's leadership includes the membership of union workers at the Port of Wilmington.

Ashe is an appointed member of the Port of Wilmington Expansion Task Force and made remarks similar to those of Sen. Brown and Rep. Cooke during Monday's task force meeting.

Ashe says he has received no answer from Secretary Patibanada-Sanchez as to why the state is not filing a lawsuit against Holt Logistics for their efforts to redevelop part of the Paulsboro Marine Terminal to handle more cargo load, which he says would add to an already existing "monopoly on the Delaware River." Ashe says a lawsuit like this would be comparable to Holt Logistics and PhilaPort's legal intervention in the Edgemoor Port's federal permitting process.

He reiterated these remarks during public comment at the DSPCB's Tuesday meeting, noting he would go through with the lawsuit himself without "so-called state help" now that he's cleared of professional conflict: "I'm moving forward because I can't play this game anymore [of] wait and see, and that's what it is. Nobody wants to do anything to Delaware until 2027, and I get it."

Ashe is referring to his belief that the Meyer administration is involved in the expansion project stalling and that progress won’t be made until next summer ahead of the 2028 election when the governor will be up for reelection.

Secretary Patibanada-Sanchez says she cannot comment on any future litigation.

In addition for his desire for a lawsuit against port competitors, Ashe said during public comment that he has intentions of pivoting his focus to New Jersey for a new container terminal due to his frustrations with the DSPCB.

"I talked to some of my bosses in New Jersey and New York, and my plans are to try to get them to go to Salem and open up a terminal because I feel like the Diamond State Board is playing a game. And like I said yesterday in the task force meeting that something might get done in 2027, whereas though over in [New] Jersey, my same people can go over and go to work and we'll pay the taxes to the state of New Jersey versus Delaware because this has been going on for now almost 10 years, and we're still at the same step that we were eight to 10 years ago."

In response to Ashe's comments about shifting the ILA's focus to New Jersey, Secretary Patibanada-Sanchez said, "The DSPC is working diligently to secure permits and we hope to be in line with the construction timeline that was presented by Enstructure."

Esntrcture says the Edgemoor project is currently in a preliminary design phase, but project leaders plan to break ground in May 2026 with final completion by December 2028 if the federal permits are reissued.

Community concerns and questions over the automation of the Edgemoor Container Terminal

While tension builds between state leaders over bringing the Edgemoor Port to fruition, some Delaware residents are calling to stop the project entirely.

Simeon Hahn and Mike Krawczuk are co-leading a community group known as "Stop the Edgemoor Port" and have been hosting monthly meetings to discuss general concerns about the expansion project.

Krawczuk has run as a Republican candidate against Democratic incumbent State Rep. Deb Heffernan (D-Bellefonte) for the House District 6 seat, which includes the proposed Edgemoor site. He lost in both 2022 and 2024 with just over 30% of the vote.

Hahn is an Edgemoor resident and retired environmental scientist with the National Oceanic and Atmospheric Administration.

Hahn says he has many concerns around the proposed Port, including the truck traffic, the environmental impact — particularly around the necessary dredging — and talks of the Edgemoor Port being an automated terminal.

Fully automated ports are not common in the U.S. like they are in other countries, but some variation of automated features are starting to increase in terminals nationwide.

These automation tactics can pose a threat to union jobs, and Gov. Meyer sparked backlash from labor leaders and members of the community when he told The News Journal/Delaware Online in an interview in May that “automation and the need for (an) automated container port was recognized really a couple of decades ago in Delaware" when referencing the current expansion project.

But project leaders have since reiterated there is no intention of fully automating the Edgemoor Port, which Secretary Patibanda-Sanchez stressed at the DSPCB meeting Tuesday.

"The only driver for me asking for the Senate to confirm me in this role is for the jobs that are going to be created at the port, our existing port, as well as the expansion," she said. "So I just want to say for the record that absolutely, the job creation, the ability to change a family's life, give them an opportunity up the ladder in our society, is exactly what this project will allow."

DSPCB member and Business Agent for the ILA Local 1883 Ronald “Kimoko” Harris followed Secretary Patibanda-Sanchez's comments: "That's why we we cannot have an automated port which eliminates thousands of jobs. That has to be in the forefront of the development of Edgemoor, non automated or semi-automated."

Secretary Patibanda-Sanchez agreed with Harris's remarks.

"Enstructure is confident that the Delaware Container Terminal will be a catalyst for economic development, including the creation of construction, operations, and union jobs. While technology improvements and innovation opportunities will be considered to ensure a safe and efficient operation, the Delaware Container Terminal will not be a fully automated port," a spokesperson for Enstructure said.

Enstructure adds the equipment being acquired for the port will have "state-of-the-art safety features, clean electric motors and be operated by the fine men and women of the ILA."

The port operator says any automation deployed onsite will be compliant with the ILA Master Contract.

When asked for his updated thoughts on an automated Port, Gov. Matt Meyer said in a statement: "The Edgemoor Port expansion is a once-in-a-generation opportunity to create thousands of good-paying union jobs. Our administration is laser-focused on building a state-of-the-art container terminal that will support and sustain lasting careers for working families, and can attract companies from across the globe that want to do business in Delaware.”

Enstructure is hosting a Job Fair & Career Expo at the Delaware Technical Community College Wilmington Campus on Wednesday, Sept. 24 from 2:00 p.m. to 6:00 p.m. in an effort to raise awareness about employment opportunities within Delaware’s transportation, logistics and supply chain industry. More information can be found here.

Hahn says Darrell Baker has also been a prominent speaker at the Stop the Edgemoor Port meetings. Baker is a registered lobbyist for Holt Logistics and frequently references the maritime safety concerns brought up in the lawsuit against the Army Corps over the federal permits issued for the project.

"One of our, our key messages is, we're StoptheEdgemoorPort.com, but we do support, union jobs and working jobs. We think it should be done at the existing port, and that it should have a stronger financial basis, backbone, and there's just so many questions about the finance and the jobs, the customers and environmental issues that we're just not as community— we're just not very comfortable with it at all, especially in Edgemoor at this point," Hahn said, advocating for expanding and updating the current Port of Wilmington.

Hahn and members of the Delaware Community Benefits Agreement Coalition (DCBAC), along with PhilaPort and Holt Logistics, appealed the Delaware Department of Natural Resources and Environmental Control's (DNREC) issuance of a necessary subaqueous lands permit for the project.

PhilaPort and a Holt Logistics' appeals were rejected, and the State Environmental Appeals Board (EAB) noted in its decision each of the appellants are a business competitor of the Port of Wilmington.

The merits of Hahn and DCBAC's appeal is still yet to be heard by the EAB after the Delaware Superior Court ruled the community members do have standing to bring forward such an appeal.

Hahn says that hearing is not scheduled right now, but he thinks it could be scheduled in the next few months.

When asked for its response to community concerns, Enstructure said it is committed to partnering with Delaware communities during the development of the Edgemoor Port and beyond.

"We believe the future success of Delaware’s ports will be built on collaboration and the collective strength of our neighbors and local partners. Through ongoing dialogue with 20+ civic groups, community organizations, and local leaders, we have received valuable feedback that is helping inform this historic infrastructure and economic investment to benefit all stakeholders. As project planning and design advance, and as new information becomes available, we look forward to providing regular updates and continuing to collaborate with the community," an Esntructure spokesperson said in a statement.

Stop the Edgemoor Port's next meeting is set for Sept. 15 from 6:00 p.m. to 7:30 p.m. at the Carriage House at Rockwood Park.

The Port of Wilmington Expansion Task Force's next meeting is scheduled for Sept. 17 at 10:00 a.m. The DSPCB's next meeting is not yet posted to the state's public meeting calendar, but is likely to be held toward the end of September.

Before residing in Dover, Delaware, Sarah Petrowich moved around the country with her family, spending eight years in Fairbanks, Alaska, 10 years in Carbondale, Illinois and four years in Indianapolis, Indiana. She graduated from the University of Missouri in 2023 with a dual degree in Journalism and Political Science.
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