Delaware Supreme Court Upholds SB159 — But Offshore Wind Questions Are Far From Over

May 26, 2026

The Delaware Supreme Court has upheld SB159, the controversial law passed after Sussex County Council denied the permit for the proposed US Wind electrical substation near the Indian River Power Plant.

We are grateful to the Sussex County Council members who listened to their constituents and fought to preserve local control and local representation in land use decisions that directly affect Sussex County communities. Regardless of the Court’s ruling, those council members represented the concerns of the citizens who elected them and stood firm under enormous political pressure, and we thank them!

During oral arguments, attorneys Jane Brady and Stephanie Ballard, representing Sussex County, argued that while the General Assembly unquestionably has the authority to delegate zoning powers to counties and even reclaim those powers, SB159 did not actually revoke Sussex County’s delegated authority. Instead, they argued, the State selectively stepped in after a specific permit denial and retroactively overrode the County’s decision for a single project

The Supreme Court ultimately rejected that argument, reinforcing that although counties exercise zoning authority, the General Assembly retains the authority to override those decisions. The ruling now clears the way for the substation project to move forward.

But despite immediate claims from state officials calling this a victory for ratepayers and affordable energy, the Court did not rule on whether offshore wind will actually lower electric bills, improve grid reliability, or protect Delaware consumers from rising long term energy costs. Many Delaware residents firmly believe offshore wind development will ultimately increase costs while reducing reliability, not to mention damage marine ecosystems, industrialize the coastline, and negatively impact coastal property values and tourism economies.

Nationally, warning signs across the offshore wind industry continue mounting. Vineyard Wind, one of the nation’s flagship offshore wind projects, has faced turbine blade failures, legal disputes, operational problems, and questions surrounding actual power output versus advertised capacity. Major energy companies have also begun scaling back offshore wind investments as costs continue rising.

The Legal Fight Is Not Over

The US Wind project still faces multiple ongoing legal challenges. Caesar Rodney Institute remains a co-plaintiff in litigation challenging DNREC’s coastal permitting approvals and in separate federal litigation involving BOEM approvals and offshore wind permitting authority.

More than ever, Delaware citizens need to remain engaged, informed, and vigilant. Government accountability only works when citizens demand it. Too often today, Delaware leadership appears more focused on advancing predetermined political outcomes than honestly addressing legitimate public concerns surrounding affordability, fisheries, environmental impacts, industrialization of coastal waters, and long term energy reliability.

Delaware now operates under one party rule. The same party that rallies behind their favorite slogan of ‘No Kings,’ speaks about following the science, and claims to champion listening to the people, increasingly dismisses public concerns whenever they conflict with politically preferred outcomes. Many Delaware independent thinkers see the hypocrisy clearly.

The legal ruling may have settled one constitutional question, but it did not settle the broader public debate surrounding offshore wind, government accountability, energy affordability, environmental impacts, or the future direction of Delaware. Delaware citizens will continue demanding transparency, accountability, and a government that listens to the people it serves. This fight is far from over.

See you Monday, June 1, at our next 38th District and Southern Delaware Republican Club at the South Coastal Library, Bethany Beach! 6:30pm.

Guest Speaker: U.S. Congress Candidate, Earl Cooper and 38th Rep Candidate, Carlie Carey.

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