The judge in January denied Delaware's request for a preliminary injunction to prevent the Corps from deepening a part of the channel in Delaware without first obtaining state permits.
The Delaware Riverkeeper Network, National Wildlife Federation, New Jersey Environmental Federation, Delaware Nature Society, and Clean Water Action appealed the ruling to the U.S. Third Circuit.
A court filing Thursday indicated that the appeal has been dismissed by agreement of the parties. A spokeswoman for the Riverkeeper Network said Friday that plaintiffs decided to dismiss the case because dredging was well under way and timing made it impractical to proceed.