The Department of Natural Resources and Environmental Control (DNREC) faces legal action for allegedly violating proper permitting procedures during its involvement in a Maryland offshore wind project.
While Delaware is not aiding in the creation of wind turbines, the Indian River Bay is tentatively planned to be the access point for power to come ashore from the turbines and be delivered to the regional grid.
The proposed lease of 3Rs Beach is $350,000 per year subject to an annual increase of 3%.
Gov. John Carney signed an agreement with the company US Wind, promising Delaware $76 million in Renewable Energy Credits to help the state meet its clean energy requirements and lower customer bills, as well as $40 million in community benefit projects over 20 years, which include funding for dredging projects, clean energy workforce development training and a Resiliency Fund for climate change projects at state parks.
But attorney Jane Brady argues Delaware is not set to receive any electricity or workforce benefits from the project directly, and the tourism and environmental impacts will be detrimental to the state.
“Overwhelmingly, the people of Sussex County are opposed to this project. It is hard to imagine why the governor would have signed an agreement to allow transmission lines for a project that benefits only Maryland to come ashore in our state park," she said. "We really see no benefit from the project itself, and whether we get those community benefits remains to be seen, and it's not part of any definite requirement.”
Brady is the plaintiffs' legal counsel, which includes the Delaware-based think tank The Caesar Rodney Institute, commercial fisherman Paul "Wes" Townsend and charter boat captain and commercial clammer George Merrick.
"Sussex County residents, we should be up in arms and not allowing this cable to buried on this beach," Townsend said, arguing the recreational and commercial fishing industries will face repercussions from the offshore wind project.
In order for US Wind to receive the proper subaqueous lands permit for the underground cable, the degree to which the proposed project may adversely affect shellfish beds, finfish activity and any fishing activities, commercial or recreational, must be taken into consideration.
In addition to the subaqueous lands permit, the DNREC permits required for US Wind to continue include a wetlands permit, a water quality certification and a beach preservation coastal construction permit.
Additionally, US Wind must acquire a conditional use zoning ruling from Sussex County, which has not yet been approved.
While DNREC has not granted any permits thus far — DNREC Secretary Shawn Garvin is expected to announce the department's decision in November/December of this year — the litigation alleges US Wind must obtain the zoning permit before it can acquire the remaining DNREC permits.
Therefore, the plaintiffs argue DNREC's decision to hold a joint virtual public hearing on all of the applications contradicts considering each application separately and the regulations "clearly anticipate agency compliance with all the requirements in the regulations... including zoning approval."
The plaintiffs are requesting the Superior Court issue a writ of prohibition to prohibit the department from granting any permits until "each respective application is complete, and all required public hearings and comments have been held."
Brady says these comments were submitted to DNREC and received no answer.
US Wind nor DNREC was available for comment.
