Delaware’s Court of Chancery rules backs the state in a case involving US Wind’s planned electrical substation in Sussex County.
The court upheld the General Assembly’s authority to ensure UD Wind’s substation project near the Indian River Power Plant moves forward.
Both Sussex County and the Town of Fenwick Island challenged the project, which Sussex County Council voted to deny a permit in 2024.
The General Assembly stepped in, passing legislation last June that prevents counties from denying electrical substations that meet specific siting requirements as this project did.
Sussex and Fenwick Island argued the law violated separation of powers and targeted a specific project improperly.
According to the state, US Wind's offshore wind farm will lower electricity costs for Delwareans since the substation would allow that electricity to reach Delaware.
Attorney General Kathy Jennings lauded the decision saying it makes clear issues involving the state’s energy future should be decided by the whole state, not one municipality.
Gov. Matt Meyer added it’s time to get politics out of energy policy and focus efforts that can actually lower costs for families such as wind energy.
There’s no word if Sussex County and Fenwick Island plan to appeal.
