Army Corps Lawsuit Rages On
Jim Slinsky,
VP and Editor, Lehigh River Report
We wish this would come to end. Our confidence continues to soar. Our attorney, John Wilmer, Esq. continues to do excellent work for us. The Raymond Proffitt Foundation never ceases to amaze us. Bob Miller and I just finished some outstanding work of our own. We prepared some rather lengthy documents establishing our standing.
It is rather amusing the Army Corps doesn't have much to work with. They continue to stick with their old story that the dam functions for flood control and we would need an act of Congress to modify that mission. The Corps operates the dam to keep the road open, create recreation within the dam pool and combat saltwater encroachment on the lower Delaware River. It is fascinating that none of those operations fall within the approved purposes of the dam. In true bureaucratic fashion, the Corps ignores the legislated, mandated purposes of the dam and operates it to satisfy unapproved purposes. The road was their brainchild and was not built with congressional approval.
When John Wilmer searched their official "operating manual" he found the Corps did not make any accommodations to honor the Water Resources Act of 1988 or the Environmental Protection Act of 1990. Worse yet, the Corps refuses to acknowledge these Acts even exist. So far, two judges have brought to the Corps attention they have not modified their release policies since the inception of the dam. Not one drop difference, my friends.John Wilmer's 39 page written brief submitted to the court was a touch of brilliance. He covered all our bases. I surmise the Corps is in a major jam. They do not have one piece of paper to submit substantiating their compliance with either of the Acts they are responsible for honoring. It looks like a slam-dunk to me.
It is not over until it is over. Anytime one goes to court anything can happen. It is the legal equivalent of rolling the dice. However, we do exude with confidence. I have great faith in the legal system. I have total confidence in our attorney, John Wilmer and the Raymond Proffitt Foundation. They have done their homework and we have paid our dues. This 40-year debacle is drawing to an end.
The Lehigh River will prevail. Based on all that I know and have observed to date, it is the obvious conclusion. Let the quiet resolve of the Raymond Proffitt Foundation be reassuring to all of us. The confidence I have gained from being associated with this professional organization has had a major calming effect on the entire debate. The thoroughness and competence of the Raymond Proffitt Foundation in a very difficult legal matter should not be forgotten in our enthusiasm and desire to win.