The Delaware Attorney General’s office presented oral arguments before the United States District Court for the District of Delaware in its October 30, 2009 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.

“Today, we argued that state and federal law requires the Army Corps of Engineers to
receive state approval before deepening the Delaware River within Delaware’s boundaries,”
Attorney General Biden stated. “Therefore, we asked the United States District Court for the
District of Delaware court to issue a preliminary injunction to stop the Corps’ dredging activities
until it applies for and obtains the required Delaware permits. We thank the Court for
expeditiously reviewing this matter.”

A decision by District Court Judge Sue Robinson is expected in the coming weeks.
On October 23, 2009, the Corps 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.

Delaware’s Subaqueous Lands and Wetlands Acts require a federal agency to secure state
approval 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.
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The State of New Jersey has decided to join in the lawsuit Attorney General
Joseph R. Biden, III, filed recently in the United States District Court for the District of Delaware to halt the Army Corps of Engineers (“Corps”) from dredging the Delaware River.

“New Jersey’s decision demonstrates its shared commitment with Delaware to protect the territorial integrity of our states and our natural resources,” Attorney General Biden stated. “I applaud New Jersey’s swift action in this case and look forward to working with Attorney General Anne Milgram to ensure that the Corps follows state and federal law.”

On October 30, 2009, Attorney General Biden filed a complaint for injunctive and
declaratory relief to order the Corps to comply with Delaware law prior to dredging in Delaware waters. The Attorney General’s lawsuit requests that the court 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 and certifications.
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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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edia Release
June 1, 2009
Attorney General’s Office welcomes Summer Law Clerks and Steiger Fellow
Wilmington, DE – Today, the Delaware Attorney General’s office welcomed seventeen law school
students who will work at the Delaware Department of Justice this summer through the Summer
Law Clerk and Steiger Fellowship programs.
This year’s Summer Law Clerks are volunteering their service with the Delaware
Department of Justice. They gain broad experience by working in the Department’s Civil,
Criminal, Family, and Fraud and Consumer Protection Divisions. Their duties include assisting
Deputy Attorneys General in hearings and trials, completing research projects, preparing briefs,
writing memos, and other tasks reflecting the day-to-day experiences of Deputy Attorneys General.
Qualified Clerks may also be assigned to prosecute minor misdemeanor cases. The Steiger
Fellowship, named after the late Janet D. Steiger, former Chairman of the Federal Trade
Commission, provides law students opportunities to work in consumer protection and antitrust Units
in State Attorneys General offices. Delaware is one of 20 states awarded a Steiger Fellow in 2009.
“This year’s Summer Law Clerks and Steiger Fellow display impressive academic
credentials and demonstrate an admirable commitment to public service and I am proud to welcome
them to the Delaware Department of Justice,” stated Chief Deputy Attorney General Richard
Gebelein. “Their service to Delaware, especially during this challenging time of reduced state
revenue, will help us to fulfill our mission to enforce the law and protect families and consumers.”
The 2009 Summer Law Clerks and Steiger Fellowship intern are as follows (photo copied below):
Summer Law Clerks
Tristan Bramble, a rising third year law student at Temple University Beasley School of Law,
received a B.A. in English from Andrews University, Berrien Springs, MI.
Yaw Antwi Darkwa, a rising third year law student at Columbia University School of Law, received
a B.A. in International Relations and Political Economy and Development from Brown University,
Providence, RI.
Periann Doko, a rising third year law student at Widener University School of Law, received a B.S.
in Biology from The College of New Jersey, Ewing, NJ.
Michelle A. Gerhardt, a rising third year law student at Widener University School of Law, received
a B.A. in Economics from Holy Family University, Philadelphia, PA.
Ashley Brynne Gorodetzer, a rising third year law student at Widener University School of Law,
received a B.A. in Communications from Villanova University.
Andrew Haupt, a rising second year law student at University of Chicago Law School, received a
B.A. in Philosophy from Davidson College, Davidson, NC.
Veronica Hoof, a rising third year law student at Thurgood Marshall School of Law, Texas Southern
University, Houston, TX, received a B.A. in Accounting from Clark Atlanta University, Atlanta,
GA.
Brian T.N. Jordan, a rising third year law student at Villanova University School of Law, received a
B.A. in English and B.A. in History from the University of Delaware.
Ashley Markow, a rising second year law student at Boston University School of Law, received a
B.A. in Sociology and Criminal Justice from the University of Delaware.
Sean A. Meluney, a rising third year law student at Widener University School of Law, received a
B.S. in Human Development from Binghamton University, Binghamton, NY.
Frank Mieczkowski, a rising 3rd year evening division law student at Widener University School of
Law, received a M.A. of Public Administration and a B.A in History from the University of
Delaware.
Sarah Mollet, a rising third year law student at The Dickinson School of Law of The Pennsylvania
State University, Carlisle, Pennsylvania, received a B.S. in Biology and B.A. in Political Science
from Salisbury University, Salisbury, MD and a B.S. in Environmental Science from the University
of Maryland Eastern Shore, Princess Anne, MD.
Douglas Norquest, a rising third year law student at Villanova University School of Law, received a
B.A. in Political Science and Sociology and B.A. in Criminal Justice and Philosophy from the
University of Delaware.
Beth Powers, a rising third year law student at Widener University School of Law, received a B.A.
in Elementary Education from the University of Delaware.
Gina Sechter, a rising third year law student at the University of Baltimore School of Law, received
a B.A. in Political Science and English from the University of North Carolina at Greensboro,
Greensboro, NC.
James Vadakin, a rising third year law student at The Catholic University of America, Columbus
School of Law, Washington, DC, received a B.A. in English from the University of Delaware.
Janet D. Steiger Fellowship Intern
Andrea Priest, a rising third year law student at William and Mary School of Law, Williamsburg,
VA, received a B.A. in Political Communications from The George Washington University,
Washington DC. She is working in the Fraud and Consumer Protection Division this summer.
DEPARTMENT OF JUSTICE
820 NORTH FRENCH STREET
WILMINGTON, DELAWARE 19801
CONTACT JASON MILLER
PUBLIC INFORMATION OFFICER
PHONE (302) 577-8949

Today, the Delaware Department of Justice announced that Delaware has received
its annual payment from the Master Settlement Agreement (MSA) between the states and the tobacco
industry. Payments totaling $31,027,740 were received on April 15 and April 17 and have been
deposited into the Delaware Health Fund.

“I am pleased that Delaware continues to receive significant payments from the Master
Settlement Agreement,” stated Chief Deputy Attorney General Richard Gebelein. “Now more than
ever these funds support critical public health programs across our state. We’ll continue to enforce all
provisions of the Agreement to reduce tobacco use, particularly among children.”

Under the MSA, participating tobacco manufacturers make substantial payments to states that
have reached settlements with the industry. The MSA created new restrictions on the advertising,
promotion and marketing of cigarettes, including outright bans on targeting youth and distribution of
merchandise advertising a cigarette brand. It also funds anti-tobacco education. Studies show that the
vast majority of current adult smokers began smoking before the age of 18, and since the MSA took
effect, youth smoking rates have dropped nationwide.

The Delaware Department of Justice administers the state’s participation in the MSA.
The 1999 Delaware Health Act established the Delaware Health Fund, which receives
payments received by the state under the MSA, created the Delaware Health Fund Advisory
Committee to make recommendations for appropriating monies received by the Delaware Health Fund,
and directed how money paid into the fund should be spent. Learn more about how Delaware
appropriates its MSA payments by visiting http://dhss.delaware.gov/dhss/healthfund/about.html.
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