DE Supreme Court Rules Against Fenwick Island, Sussex Co. to Allow Electrical Substation

SUSSEX COUNTY, Del. – The Delaware Supreme Court ruled against Fenwick Island and Sussex County in a decision issued Tuesday.

The ruling, handed down by Chief Justice Collins Seitz and Justices Gary Traynor and Abigail Legrow, upholds state legislation allowing the construction of an electrical substation by Renewable Redevelopment, LLC in association with a proposed offshore wind project. The case came after plaintiffs Fenwick Island and Sussex County appealed a ruling from the Court of Chancery that allowed the substation plans to move forward.

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. The County 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.

In their appeal of the Court of Chancery’s decision, the Delaware entities argued that the statutes that green-lighted the project violated separation of powers, the Delaware Constitution, and the public’s right to due process. WMDT had the opportunity to speak with Fenwick Island Mayor Natalie Magdeburger following the decision, who said in part that the decision “flies in the face of everything we know about constitutional law.” 

“We are disappointed and actually quite frightened for the State of Delaware and for the citizens that particularly live along the coast,” Mayor Magdeburger told WMDT. “If this wind farm proposal goes forward, it is forever going to change our coastal zone, forever going to change what we see [in] the environment and ocean environment that’s there, and have a negative impact on our overall safety.”

Mayor Magdeburger stated that Fenwick Island will continue to “fight the good fight” through two other pieces of litigation surrounding the proposed wind station, including one that fights a permit issued by the Delaware Department of Natural Resources and Environmental Control (DNREC). However, other state leaders that view wind energy more favorably are celebrating the ruling.

“The Delaware Supreme Court’s ruling was clear: the General Assembly has the ultimate authority over the zoning policy in our State,” said State Senator Stephanie Hansen. “Our state is facing serious energy supply and reliability challenges, and our neighbors are being crushed by rising energy costs.  We cannot afford to deny energy projects that bring massive amounts of new, clean, renewable energy into our grid, providing us with the energy supply and reliability we need.  Local decisions that stand in the way of the greater good for all Delawareans are appropriately overridden.”

Proponents of the U.S. Wind project associated with this substation say it stands to offer significant relief as the largest near-term energy development project on the Delmarva Peninsula, while opponents argue the costs outweigh the benefits. 

To read the Delaware Supreme Court’s ruling in full, click here.