SUSSEX CO., Del. - Delaware’s highest court has ruled in favor of the state in a major offshore wind case tied to the proposed US Wind substation project in Sussex County.
In a unanimous decision released Tuesday, May 26, the Delaware Supreme Court upheld laws passed by the Delaware General Assembly effectively reversing Sussex County Council’s denial of a conditional use permit for a substation project near the Indian River Power Plant. Senate Bills 159 and 199, passed in 2025, cleared the way for the electrical substation tied to the offshore wind project, but were quickly challenged by Sussex County.
According to the court’s opinion, the General Assembly determined the substation was “critical to the offshore wind turbine project” and part of Delaware’s efforts to transition to renewable energy.
Sussex County and Fenwick Island argued the laws violated constitutional protections, including separation of powers and local zoning authority. The Supreme Court rejected those claims, however, ruling Delaware’s legislature has ultimate authority over powers delegated to counties and municipalities.
The opinion states local governments are “subordinate governmental entities created by the General Assembly” and that the legislature can modify or reclaim powers it has delegated. The ruling also rejected arguments that lawmakers improperly interfered with an ongoing legal matter or violated Delaware’s constitutional requirement that legislation focus on a single subject.
The court’s ruling upholds a previous ruling by the Delaware Court of Chancery.
As WBOC has previously reported, opponents of the project and the Delaware laws overriding Sussex County’s denial raised concerns about local control, environmental impacts, and the location of the facility in Sussex County. Supporters, including state officials and renewable energy advocates, argued the project is important for Delaware’s long-term energy goals and offshore wind development.
The Supreme Court’s decision on Tuesday now leaves the legislation in place and allows the substation project to move forward. US Wind’s proposed project off the coast of Delmarva still remains in uncertain waters, however. A federal lawsuit challenging the Biden Administration’s previous approval of the project is still pending, with the Trump Administration remaining hostile to offshore wind in general.
