Biden seeks federal court order to stop Army Corps of Engineers from dredging

Attorney General Joseph R. Biden, III filed a complaint for injunctive
and declaratory relief to order the U.S. Army Corps of Engineers (“Corps”) to comply with Delaware law prior to dredging in Delaware waters. The Attorney General’s lawsuit requests that the United States District Court for the District of Delaware declare that the Corps’ decision to deepen Delaware waters violates state and federal law and issue a preliminary injunction to halt
the Corps’ dredging activities until the Corps obtains the required Delaware permits.

“The decision by the Army Corps of Engineers to begin deepening Delaware waters is a direct challenge to the territorial authority of the State of Delaware and violates federal and state law,” Attorney General Biden stated. “We will aggressively enforce our right to regulate and control any activity conducted on the Delaware River within Delaware’s boundaries. Instead of working with Delaware by addressing longstanding critical concerns about the impact of the
proposed dredging project, the Corps decided to proceed to deepen Delaware waters without Delaware’s approval. This decision is unacceptable. We are taking action to ensure that the Corps applies for and obtains the necessary Delaware permits before it dredges.”

Delaware’s Subaqueous Lands and Wetlands Acts require a federal agency to secure state pproval before conducting the type of dredging proposed by the Corps. The law makes clear that before issuing permits, the State must weigh the environmental harms posed by potential water pollution. Moreover, the Corps is required by the federal Clean Water Act to comply with State
water pollution requirements and to obtain necessary state permits before it can begin any dredging project that could result in polluted discharge or runoff.

On October 23, 2009, the Army Corps of Engineers notified Delaware that it intends to proceed with a plan to dredge the shipping channel of the Delaware River despite failing to first obtain required Delaware environmental permits. The proposed project would deepen the channel by at least five feet from the mouth of the Delaware Bay to the ports of Philadelphia and Camden.
Much of this project lies partially or wholly within Delaware territory.

“The Delaware Department of Justice is working closely with Governor Markell and the Delaware Department of Natural Resources and Environmental Control as we enforce Delaware’s laws. Moreover, we are working closely with the New Jersey Attorney General’s office to enforce our mutual interests in this matter.”
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Shred it and forget it! Attorney General’s Office sponsors Fall 2009 Community Shredding Days

In an effort to prevent identity theft statewide, the Attorney General’s Office is sponsoring three “Community Shred Days” this fall. Each event features free on-site document shredding, and staff from the Attorney General’s Consumer Protection Unit will share information about identity theft and provide resources to victims of identity theft and consumer fraud. Consumers may bring up to three file-sized boxes of documents; emptied boxes will be returned immediately.

“With the threat of identity theft on the rise, Community Shred Days help consumers reduce their risk of being victimized, by ensuring the safe destruction of documents that contain personal identifying information,” stated Timothy Mullaney, Director of the Attorney General’s Fraud and
Consumer Protection Division. “We invite all Delawareans to take advantage of this free service.”

Identity thieves use a variety of methods to obtain consumers’ personal information. One common technique is dumpster diving, where they rummage through trash looking for bank statements, bills, and other documents. Consumers are cautioned to safeguard themselves by shredding these documents before discarding them.

Each shred day will take place from 9:00 a.m. – 1:00 p.m. at the following dates and locations:
Date County Location
Saturday, October 17
State Social Services Building
546 S. Bedford Street, Georgetown (off Route 113)
Saturday, October 31
Boscov’s parking lot at the Dover Mall
1365 N. Dupont Highway, Dover
Saturday, November 14
Widener School of Law Concord parking lot
4601 Concord Pike, Wilmington

The Attorney General’s June 2009 Community Shred Days resulted in the safe shredding of more than 21,000 pounds of documents, which were sent to recycling plants to be reused in post consumer paper products. Community Shred Days are part of an ongoing campaign by the Attorney General’s office to prevent identity theft and assist victims of the crime. Learn more about identity
theft by visiting or call the Attorney General’s toll-free Consumer Hotline at 1-800-220-5424.
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October statewide housing workshops announced

Provide homeowners opportunities to discuss loan modifications with lenders, meet certified housing counselors, learn about state and federal assistance programs, and avoid foreclosure fraud

On October 7th and 8th, Delaware homeowners are invited to attend free statewide housing workshops, sponsored by the Delaware Attorney General’s Mortgage Fraud Task Force, in conjunction with the Delaware State Housing Authority and the Office of the State Bank Commissioner. The workshops are aimed at helping homeowners stay in their homes, reducing foreclosures, and providing educational information about foreclosure-related fraud.

The October workshops follow three state-sponsored housing workshops this past June that served more than 250 Delawareans, and come amid continued record-setting foreclosures in Delaware. his month (through September 29), foreclosure filings statewide jumped 72% from a year ago, totaling 609, compared with 354 in September 2008. For the first nine months of 2009, foreclosure filings are up 47% from the same period in 2008, to more than 4,700.
Homeowners, who are worried about missing a mortgage payment, are facing foreclosure, or suspect foreclosure fraud are encouraged to attend. At each workshop, mortgage servicers, state employees, and HUD-certified housing counselors will discuss mortgage modifications, the Delaware
Mortgage Assistance Program (DEMAP) and other government homeowner programs, and foreclosure rescue scams. Walk-ins are encouraged. Workshops will take place as follows:

Date Time Location Address Participating Servicers
Wednesday October 7
3 – 7 p.m.
New Castle County, Government Center,
Gilliam Building, Multi-Purpose Room
67 Read’s Way, New Castle
– Chase (including Washington
Mutual and EMC loans)
– American Home Mortgage
Servicing Inc. (includes former
Citi Residential (Ameriquest) and
Option One
Thursday, October 8
3 – 7 p.m.
Carlisle Fire Company
615 N.W. Front Street, Milford
– Chase (including Washington
Mutual and EMC loans)
– American Home Mortgage
Servicing Inc. (includes former
Citi Residential (Ameriquest) and
Option One

Homeowners who wish to meet on-site with their mortgage servicer are encouraged to bring information about current income and details about their current mortgage, including loan number, monthly payment, interest rate, and loan balance.

Media interested in attending these workshops should contact Jason Miller at the Delaware Attorney General’s Office at (302) 577-8949 or
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