Delaware court Pauses Fight Over wind farm Substation

DOVER, Del. – A Delaware Superior Court judge has paused the legal battle over Sussex County Council‘s decision to block a key electrical substation for the US Wind offshore project, because of new state laws that could change the outcome of the county’s vote.

In a three-page order issued Monday, Judge Mark H. Conner stayed a petition filed by Renewable Redevelopment, LLC, the company challenging the council’s Dec. 17, 2024, 4-1 vote to deny a conditional use permit for an onshore substation near Millsboro.

The substation is planned next to the decommissioned Indian River Power Plant and would connect US Wind’s Delaware-maryland offshore wind project to the power grid. This project was already approved by federal and state officials.

new Laws Aimed at County Denial

After both sides submitted thier arguments, state lawmakers passed Senate Bill 159, wich was later changed by Senate Bill 199. Conner wrote that the legislation “took direct aim” at Sussex County Council’s denial and will “essentially overturn” the denial of the substation permit when the law goes into effect in early 2026.

SB 159 requires counties to allow certain electrical substations in areas zoned for heavy industry if they support large renewable energy projects.It also applies to applications that were previously denied, meaning permits that meet the law’s requirements will be automatically approved.SB 199 adjusted the timing, delaying the implementation date to give the courts and lawmakers more time.

The court asked both sides to submit additional briefs on whether the state legislature has the power to pass laws that overturn local land-use decisions. “Based on the research it appears that the General Assembl