DELAWARE - The Delaware Supreme Court has upheld a state law allowing construction of an electrical substation tied to an offshore wind project in Sussex County, rejecting legal challenges from Sussex County and the Town of Fenwick Island.
In a decision issued May 26, the state’s highest court affirmed a Court of Chancery ruling that supported legislation passed by the Delaware General Assembly in 2025, authorizing conditional use permits for certain electrical substations connected to large renewable energy projects.
The dispute centers on a proposed substation by Renewable Redevelopment LLC, a subsidiary of U.S. Wind, on about 140 acres in Sussex County. The facility would receive power from offshore wind turbines planned off the Delaware and Maryland coasts.
According to the ruling, the Sussex County Planning and Zoning Commission unanimously recommended approval of the project in 2024, but Sussex County Council later denied the permit in a 4-1 vote after public opposition.
While Renewable Redevelopment challenged that denial in Superior Court, the General Assembly passed Senate Bills 159 and 199 in July 2025. The laws effectively overturned the county’s denial and allowed approval of qualifying electrical substations supporting renewable energy projects of 250 megawatts or greater. Gov. Matt Meyer signed the legislation the same day.
The Supreme Court ruled the legislation did not violate Delaware’s constitutional separation of powers doctrine, zoning authority provisions, title requirements for legislation or due process protections.
Chief Justice Collins Seitz Jr. said the General Assembly has ultimate authority over zoning matters in Delaware and can reclaim powers delegated to county governments.
“The General Assembly controls the zoning power,” the opinion states. “Even though it has delegated that power to the counties and municipalities, it has the power to reclaim it and need not defer to the decisions of subordinate governments.”
The court also rejected arguments that the law improperly interfered with Sussex County’s zoning decisions or violated constitutional rules limiting legislation to one subject. The opinion concludes that the legislation was properly related to public utilities and electrical substations connected to renewable energy infrastructure.
The ruling clears the way for the US Wind-related substation project to move forward in Sussex County. However, the offshore wind farm itself still faces federal hurdles before construction can begin.
