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Delaware’s port expansion plans are at risk after a Pennsylvania judge sided with Philly ports in lawsuit.

When the state of Delaware announced in May it would spend nearly $200 million to build the $635 million Edgemoor container terminal at the Port of Wilmington, it said the investment could create nearly 6,000 new jobs. But a recent court decision invalidating key permits could jeopardize the entire project. The state is partnering with private port operator Enstructure on the new facility.

U.S. District Judge Mark Kearney of the Western District of Pennsylvania ruled that the U.S. Army Corps of Engineers “arbitrarily and capriciously departed from its own procedures” in issuing the permits and ordered a closer, more in depth review of the project.

The Philadelphia Regional Port Authority (Philaport) and ports affiliated with Holt Logistics Corp., whose affiliates operate terminals in Philadelphia and South Jersey, sued the U.S. Army Corps of Engineers after it had approved Delaware expansion plans. They argued that the new Edgemoor port would divert shipping to Delaware from Philadelphia.

Holt Logistics CEO Leo Holt said Delaware wants to take advantage of the main channel deepening channel it once tried to thwart after it was completed with no cost to the First State.

“I think it’s actually a lot of effrontery to come up with a plan and sort of thumb your nose at the [non] federal sponsor, which was the state of Pennsylvania,” he said. “Delaware actually went to court to stop the [main] channel deepening.”

A spokesperson for outgoing Gov. John Carney said he’s disappointed by the court ruling.

“Quite frankly, we’re frustrated with the impediments that have been put in place by our competitors in Philadelphia,” Director of Communications Emily Hershman said. “While the state of Delaware was not involved in this case, we know the teams are already working quickly to get the permits back on track and move this important project forward.”

The Diamond State Port Corporation, the entity that manages the port for the state, held a special board meeting last week to discuss the judge’s ruling. However, most of the meeting was held in executive session, outside of public view.

Board Chair and Delaware Secretary of State Jeffrey Bullock said during open session he was still confident of the plan.

“This project has a huge amount of support in the state of Delaware,” he said. “We are not going to be intimidated by people from out of state who are acting in their own self interest.”

SMYRNA, Delaware (WPVI) — Authorities in Smyrna, Delaware, have arrested three people in connection with the alleged abuse of nonverbal children with autism at an elementary school.

The investigation began in February 2024 when the Smyrna School District reported possible professional misconduct at Smyrna Elementary School.

Video in the player above is from a previous report.

According to Smyrna police, the investigation revealed that employees working in a special needs elementary classroom would allegedly throw objects at students, yell at them, and call them names.

One suspect, 31-year-old Makayla Lomax from Smyrna, is accused of striking a student in the face and spraying the same student with a water bottle as a form of discipline.

Investigators also believe that in the fall of 2022, two employees forced a special needs student to drink hot sauce and eat hot Takis. The student had a known digestive disability, according to police.

Police say 26-year-old Marrisa Johnson from Smyrna and 21-year-old Morgan Donahue from Clayton were the employees involved in that incident.

Johnson has been charged with 10 counts of endangering the welfare of a child.

Lomax was charged with third-degree child abuse, offensive touching, and nine counts of endangering the welfare of a child.

Donahue was charged with one count of endangering the welfare of a child.

Police have not released any further details on this investigation. Anyone with information is asked to contact the Smyrna Police Department.

The Smyrna School District released the following statement on this incident:

“In February 2024, the Smyrna School District reported alleged wrongdoing by staff at Smyrna Elementary School to the Division of Family Services and the Smyrna Police Department. We have worked diligently with our law enforcement partners throughout the investigation. The community and school system have been patiently waiting the conclusion of those extraordinary efforts. We appreciate the diligence and thoroughness of law enforcement in bringing closure to this troubling matter.

The relevant employees have not been in the presence of our students since the district was made aware of the alleged wrongdoing. Most individuals alleged to be involved no longer work for the District. With regard to the remaining employees, the District will honor employee privacy rights with regard to separation of employment, and we will make our reports to the Department of Education’s Division of Licensure and Certification.

Student safety is of paramount importance to the Smyrna School District. We will continue to evaluate and improve all aspects of school safety. We will also continue to support our school community through this difficult time.”

A 59-year-old man was killed when he was ejected from the car he was in after it went off the road and struck a culvert in Bear on Tuesday night, Delaware State Police said.

Another person in the 2012 Infiniti G37 was also ejected from the car, but that 31-year-old man survived.

Police have not determined who was driving the Infiniti, but said the men were from the Newark area.

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The Infiniti was southbound on Salem Church Road, south of Arthurs Drive, when police said it “failed to remain in its lane” and went off the roadway just before 10 p.m. Tuesday.

The Infiniti continued for about 30 feet before striking a culvert and overturning several times. This is when police said the men were ejected from the car.

The car came to a rest in a driveway on the 700 block of Salem Church Road.

The older man was pronounced dead at the scene, while police said the 31-year-old man was taken to an area hospital with non-life-threatening injuries.

Send tips or story ideas to Esteban Parra at (302) 324-2299 or eparra@delawareonline.com.