Delaware Supreme Court upholds permit for offshore wind company, dealing a blow to 'local control'

The Delaware Supreme Court has sided with the state in a legal battle concerning an offshore wind project, upholding a state law that effectively overrode Sussex County's denial of a key permit. The permit in question was for an electrical substation in Dagsboro, Delaware, a critical component for U.S. Wind's planned 114-turbine offshore wind farm near Ocean City, Maryland.

The ruling marks a significant setback for advocates of 'local control' and comes after a lower court also ruled in favor of the state. Sussex County, along with the Town of Fenwick Island, had sued the state after legislators passed a law overriding the county's initial permit denial. The Supreme Court emphasized that the Delaware legislature retains ultimate zoning power, even when delegated to local governments.

While Sussex County attorney Jane Brady expressed disappointment and indicated no further appeals would be pursued, Delaware Attorney General Kathy Jennings welcomed the decision, citing the state's current electricity crunch and the need for more clean energy. The article highlights that ongoing federal lawsuits by Ocean City and community groups still challenge the project's federal permits, and potential loss of federal incentives under the One Big Beautiful Bill Act remains an obstacle for U.S. Wind.

Proponents of the wind farm stress its importance for meeting rising electricity demand, including a projected surge from data center development in Delaware, which an analysis suggests could further spike energy prices due to transmission line congestion. The wind farm aims to generate up to 1,800 megawatts, enough to power 600,000 homes.