Compromise on the Cleveland Harbor Dredging Case
The U.S. Army Corps of Engineers has reached an agreement, adopted as a Court order, to dredge the Cleveland Harbor federal navigation channel in 2016.
Under the terms of the agreement, which was spearheaded by the Corps, dredged sediment from the federal navigation channel will be placed in a confined disposal facility (CDF).
The Corps will advance the cost difference between disposal of the dredged material in a CDF and open-lake placement.
However, the State of Ohio has agreed to reimburse USACE the cost difference between open lake placement and CDF placement if the Corps of Engineers prevails on the merits of the 2016 litigation.
Based on sampling and data analysis, the Corps determined that dredged material from the Upper Reach of the Cuyahoga River is suitable for open-lake placement. The State of Ohio prefers the more costly alternative of placing dredged material from the Upper Reach in a CDF.
USACE stands behind the science that has proven the sediment in the upper mile of the Cuyahoga River federal navigation channel is suitable for open-lake placement.
The Corps’ Buffalo District is working to award a contract consistent with the agreement.