Chancery Court upholds state’s offshore wind bill
In a ruling released March 25, the Delaware Court of Chancery upheld the General Assembly’s authority to override a Sussex County Council decision to deny an electrical substation to be used for an offshore wind project.
“Delawareans are paying more for electricity than ever – and the last thing they need is a political fight obstructing the homegrown energy that will lower their bills,” said Attorney General Kathleen Jennings. “[The] ruling makes clear that Delaware’s energy future is a statewide issue that should be decided by the whole state, not one municipality. We’re going to keep fighting to protect this project and the affordable, reliable energy it will deliver to every Delawarean.”
In December 2024, Sussex County Council voted 4-1 to deny a permit for an electrical substation proposed by Renewable Redevelopment LLC, a subsidiary of US Wind, on land already zoned Heavy Industrial next to the Indian River power plant. The substation would serve as a link allowing electricity generated by offshore wind turbines to come ashore and enter the regional electric grid. Council denied the permit despite a unanimous recommendation to approve from the Sussex County Planning & Zoning Commission. In response, the General Assembly passed Senate Bill 159 in June 2025, providing that no county may deny a permit for an electrical substation that meets specific siting criteria.
Sussex County and the Town of Fenwick Island challenged the law in the Court of Chancery, arguing it violated separation of powers, was improperly titled, constituted illegal spot zoning and conflicted with existing state law. In a bench ruling, the Court of Chancery rejected each of those arguments and granted summary judgment to the state and Renewable Redevelopment LLC.
“We need to get politics out of our energy policy and focus on what actually lowers costs for Delaware families,” said Gov. Matt Meyer. “Delaware needs more energy, and wind is one of our natural advantages. At a time when the federal government is driving energy costs even higher, we have a responsibility to do everything we can to deliver clean, affordable energy here at home. I’m thankful to Attorney General Jennings and her team for their hard work, and I look forward to this project moving forward.”
US Wind’s offshore wind turbine project would add 1.7 gigawatts of energy into the grid. The plan comprises up to 121 wind turbine generators, up to four offshore substations, up to four offshore export cables and one meteorological tower in ocean waters due east of Ocean City, Md. The offshore export cables are proposed to land at 3R’s Beach, north of Bethany Beach, and interconnect with the proposed substation.
