SUSSEX COUNTY, Del. - Sussex County Council voted Tuesday to join the Town of Fenwick Island in a lawsuit challenging two state laws tied to the US Wind offshore wind project, escalating the county’s opposition from policy objections to a direct legal fight with the state.
Following an executive session, the council voted to make Sussex County a party to litigation contesting Senate Bill 159 and Senate Bill 199, both passed by the Delaware General Assembly earlier this year.
The legislation stems from a 2024 decision by Sussex County Council to deny a conditional use permit for an electrical substation proposed as part of the US Wind project. Senate Bill 159 requires certain electrical substations serving renewable energy projects of 250 megawatts or more to be permitted as a conditional use in heavy industrial zones, effectively overriding the county’s denial once the law takes effect.
Senate Bill 199 delays implementation of Senate Bill 159 until Jan. 31, 2026, allowing related litigation to proceed in the meantime.
The measure passed with council members John Rieley, Douglas Hudson and Steve McCarron voting in favor. Council member Jane Gruenebaum voted against joining the lawsuit. Matt Lloyd abstained, saying he was not comfortable voting on the matter.