Sussex County Council votes to continue litigation against US Wind connected to its proposed wind farm off the coast of Ocean City, Maryland.
Delaware’s Court of Chancery rejected an effort by Sussex County and Fenwick Island to challenge the building of a substation near the former Indian River power plant that would help bring power from the wind farm onshore.
Sussex County denied a conditional use permit needed to build the substation in 2024, saying the project benefited the citizens of Maryland, not Sussex County -- and despite the state approving all other necessary permits.
State lawmakers responded by passing Senate Bill 159 last summer which requires counties to approve electrical substations permits that meet certain criteria, including this one for US Wind.
Chancery Court Chancellor Kathleen McCormick ruled last month Fenwick Island did not have standing to bring the case and issued a summary judgement for the state and US Wind.
Sussex County Council voted this week to appeal that decision with only Councilwoman Jane Gruenebaum voting against the appeal.
This case is just one challenging the US Wind project. Ocean City Maryland and the Caesar Rodney Institute also have pending suits against US Wind.
