Assemblyman John Burzichelli

BURZICHELLI WELCOMES SPECIAL MASTER
IN BORDER DISPUTE WITH DELAWARE(PAULSBORO) -- Assemblyman John Burzichelli today applauded the U.S. Supreme Court's choice of a special master to examine the border dispute between New Jersey and Delaware.

Burzichelli (D-Gloucester) said the high court's choice of Ralph Lancaster Jr. of Maine is a "reassuring selection from New Jersey's perspective."

"While it would have been preferential from my perspective to see the federal justices decide this issue in a more expedited fashion, Mr. Lancaster has an exemplary track record in dealing with disputes such as this one," said Burzichelli.

The Assemblyman noted that Lancaster was tapped by the court to help it decide a dispute between Virginia and Maryland over Virginia’s attempt to place a water pipeline in the Potomac River. Burzichelli noted that case ultimately was decided in Virginia’s favor.

"Virginia was the plaintiff in that dispute and New Jersey is the plaintiff in this case, so that is a positive development," said Burzichelli. "While I would not want to prejudge this particular case, there are similarities and the thrust of New Jersey's legal challenge is very similar to Virginia's case."

The U.S. Supreme Court agreed in November to grant New Jersey's request to decide the state's border dispute with Delaware.

The legal action stems from Delaware’s denial of a permit under its Coastal Zone Act to Crown Landing LLC for construction of a pier to serve a proposed liquefied natural gas facility in Logan Township.

Burzichelli, who has never taken a position for or against the LNG plant, has expressed concern that Delaware's action could jeopardize other viable economic development projects along the river in Salem and Gloucester counties.

A 1905 compact between the states gives New Jersey the express rights to construct "conveyances" -- such as a pier -- on its side of the river, even if it extends across the low-tide line. The Supreme Court upheld that agreement in 1935.

Last week, Burzichelli renewed a war of words against Delaware officials regarding the border dispute.
Delaware's House Administration Committee on Wednesday voted unanimously to release House Majority Leader Wayne Smith's bill authorizing deployment of the Delaware National Guard to protect that state's coastal zone. Action by the full House could come as early as next week.

Burzichelli dismissed the Delaware legislative committee's action as "pathetic saber rattling."

"It’s not so much an act of war on Delaware's part as it is a tacit admission that Delaware officials have zero confidence in their court case regarding the border dispute between our two states," said Burzichelli. "If Delaware thinks they have a rightful claim in the border dispute, then why are they taking up arms?"

Burzichelli said he has no immediate plans to respond in a similar bellicose fashion, but he asked Senator Stephen Sweeney (D-Gloucester) to swing by the Battleship New Jersey on the Camden Waterfront over the weekend to check on the heralded warship’s seaworthiness.

Burzichelli enthusiastically supports the Supreme Court's involvement in the border dispute.
"In the end, the Supreme Court can save us the inconvenience of declaring war on our neighbor to win independence for our coastline," said Burzichelli. "Delaware must be made to understand that economic development decisions on our side of the river should be made by New Jerseyans living in the here and now, not by the ghosts of King Charles II and William Penn."

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