DELAWARE - A Delaware Superior Court judge has paused a legal challenge to Sussex County Council’s denial of a proposed electrical substation near Millsboro, citing new state laws set to take effect next month that could override the local decision.
Judge Mark H. Conner issued a stay on Dec. 1 in the case brought by Renewable Redevelopment, LLC. The company is challenging the council’s Dec. 17, 2024, vote that rejected its plan to build a substation supporting a proposed offshore wind project.
The legal challenge was filed as a Writ of Certiorari, a rare type of appeal that allows the court to review government decisions. But after legal arguments concluded, the Delaware General Assembly passed two laws, Senate Bill 159 and Senate Bill 199, that aim to reverse the denial.
Conner wrote in his order that the legislation “took direct aim” at the council’s vote and would effectively reverse it once the laws take effect on Jan. 3, 2026.
The court asked both sides to address whether lawmakers have the authority to override a county ruling. In his order, Conner said available legal research indicates the General Assembly “possesses such power.”
Despite arguments from Sussex County Council urging the court to rule on the petition now, citing potential changes in the broader offshore wind project, Conner declined, stating that doing so would be advisory and that the Superior Court would not have the last authoritative say.
Because the laws are scheduled to take effect within weeks, Conner ruled that the best course of action is to wait. The case is now stayed until February, when the court will revisit whether the company’s appeal is still relevant or legally moot.
"After Sussex County Council denied a permit US Wind needed to construct an electric substation for the Delaware-Maryland offshore wind project, it became clear the General Assembly had to step in to ensure the project could move forward," said Sen. Stephanie Hansen. "Delaware faces energy supply and energy demand challenges that have already resulted in burdensome rate increases for thousands of Delawareans."
At the time of the Sussex County Council’s decision, US Wind had already secured all federal and state approvals it needed. Hansen said the Delaware-Maryland offshore wind project, if built, will introduce an additional 1700 MW of energy into the grid.
CoastTV reached out to the Sussex County Council, but it said the county does not comment on matters of pending or active litigation.