Court Clears Way for Controversial Offshore Wind Substation in Delaware
DELAWARE – Following months of litigation, the Court of Chancery has ruled to uphold the Delaware General Assembly’s authority to construct an electrical substation in State waters.
In Dec. 2024, the Sussex County Council voted four to one to deny a permit for an electrical substation proposed by Renewable Redevelopment, LLC on industrial land next to the Indian River Power Plant. The substation would allow 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 County’s own Planning Commission. In response, the General Assembly passed Senate Bill 159 in Jun. 2025, providing that no county may deny a permit for an electrical substation that meets specific siting criteria.
“Today’s ruling makes clear that Delaware’s energy future is a statewide issue that should be decided by the whole State — not one municipality,” said Delaware Attorney General Kathy Jennings, following the ruling. “We’re going to keep fighting to protect this project and the affordable, reliable energy it will deliver to every Delawarean.”
Sussex County and the Town of Fenwick Island subsequently 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 Wednesday, the Court of Chancery rejected each of those arguments and granted summary judgment to the State and Renewable Redevelopment.
“I believe that we as elected leaders have an obligation to move swiftly to bring new energy generation projects online,” said State Senator Stephanie Hansen, the prime sponsor of Senate Bill 159. “Time and again, the courts have upheld state action to propel the US Wind project forward. Our energy supply and reliability are statewide issues and we can no longer afford to be parochial in our viewpoint.”
In a panel held in November of last year, Fenwick Island Mayor Natalie Magdeburger spoke about the ongoing litigation surrounding the substation. Construction of wind turbines will still require cable installation and partnership with a Worcester County harbor.
“The numbers are stacked against us, but with these actions, as well as the federal litigation that we’re involved with, partnering with OC under [Mayor Rick Meehan’s] leadership, we hope we can bring an end to this madness,” Mayor Madgeburger said last year.
WMDT will continue to provide updates on this story as details are made available.
