SUSSEX CO., Del. - The Sussex County Council has voted to continue their legal battle with the State of Delaware over a proposed US Wind substation, a battle that has ignited debate between county autonomy and state oversight and may now be decided in Delaware’s highest court.
As part of US Wind’s proposed project off the coast of Sussex County and Worcester County, Md., the offshore energy company seeks to build an electric substation near Millsboro. The substation would involve bringing power cables ashore from the over-100 proposed turbine wind farm.
In December of 2024, the Sussex County Council rejected a conditional use permit that would have allowed for the construction of that substation. US Wind would later appeal that decision, but the company seemed to have found relief when lawmakers in Dover stepped in. In June of 2025, the Delaware Senate and House passed SB159, overriding Sussex County’s denial and clearing a path for the proposed substation.
Governor Matt Meyer ultimately signed the bill, though the law was delayed to Jan. 31, 2026, to allow US Wind’s court case against Sussex County to play out. Sussex County, along with Fenwick Island, later launched a legal challenge against the new Delaware law, with critics citing concerns over local control and environmental impacts.
In March of 2026, Sussex County’s efforts to challenge SB159 were dealt a heavy blow, with the Delaware Court of Chancery ruling in favor of the state and the legislation. Zoning authority ultimately rests with the General Assembly, the court determined, and local decisions could be overridden by the state when a broader interest is at stake.
Following the Court of Chancery decision, the Delaware DOJ acknowledged that the ruling could be appealed to the Delaware Supreme Court. Sussex County officials at the time said they were still reviewing the decision.
On Tuesday, April 14, at the tail end of their meeting, Sussex County Council members considered whether to “continue with litigation previously authorized,” though the nature of the litigation or what it entailed was not specified. The Council voted 4-1 to continue that litigation.
Sussex County Councilman Matt Lloyd confirmed to WBOC that the litigation in question was to continue appealing SB 159 and bring the legal fight over the legislation to the Delaware Supreme Court, challenging the lower Chancery Court's previous ruling.
When the county plans to file with the Supreme Court is currently unknown, but the council’s decision ensures US Wind’s substation efforts, and its broader efforts to bring offshore wind development to Delmarva’s coast, will remain embroiled in legal challenges for some time.