US Wind Faces Another Hearing Tuesday as Major Maryland Manufacturing Plan Collapse
Delaware's fight over the proposed US Wind offshore wind project continues Tuesday, October 13, at 9 a.m., when the state's Environmental Appeals Board hears another challenge to DNREC's handling of the project.
Residents can attend in person in Dover or watch online, see links below.
The hearing comes just one week after US Wind abandoned its planned steel manufacturing facility at Sparrows Point, Maryland, raising new questions about the project's future.
Meanwhile, the Caesar Rodney Institute (CRI) is pursuing a separate lawsuit challenging Delaware's approval of permits for the same project.
Why This Matters to Delaware
Although the wind turbines would be located offshore of Ocean City, Maryland, foreign-owned US Wind proposes to bring underwater electrical transmission cables ashore at 3R's Beach in Delaware Seashore State Park, cross the Indian River area, and connect to a proposed electrical substation near the former Indian River Power Plant.
The construction would be a major industrial undertaking in one of Delaware's most environmentally sensitive coastal areas. Plans call for horizontal directional drilling beneath 3R's Beach, dredging and other construction activities in the Indian River area, and installation of four underwater electrical transmission cables connecting the offshore wind project to a proposed substation near the former Indian River Power Plant. These activities could disturb the seabed and river bottom, disrupt marine habitats, affect water quality, and threaten the beaches, dunes, and waterways that residents and visitors value. Even where drilling occurs underground, construction requires equipment, staging areas, and access points. The concern is not simply what the finished cables would look like, but the environmental disruption required to install them. Read DNREC's description of the US Wind project.
What Is Tuesday's Hearing About?
38th District resident Edward Bintz is challenging DNREC's review of the US Wind project's compliance with Delaware's coastal protection policies. Although US Wind is a private project, it requires federal approvals because its turbines would be located in federal waters off Maryland's coast. Federal law gives Delaware a role in reviewing whether federally permitted activities affecting its coastline comply with the state's coastal management policies. Bintz argues that DNREC should not have approved the project without ensuring it meets Delaware’s coastal protection requirements.
DNREC approved the project, concluding that it met Delaware’s coastal protection requirements. Bintz is challenging whether DNREC should have granted that approval.
The appeal will be heard by Delaware's Environmental Appeals Board, a citizen board appointed by the governor and confirmed by the state Senate. Although the board is authorized to have seven members, DNREC currently lists four. State law requires members with personal or financial conflicts involving an appeal to disqualify themselves.
The board can uphold DNREC's decision, overturn it, or send it back for further review.
Bintz is represented by Jane Brady, Delaware's former attorney general and a former Superior Court judge.
A Legal Challenge Dating Back to 2024
This case has been underway for more than two years, and Bintz has already succeeded in obtaining important rulings about the documents DNREC must provide.
August 2024: Bintz filed his appeal challenging DNREC's federal coastal consistency decisions.
December 2024: The Environmental Appeals Board rejected DNREC's initial request to dismiss the appeal.
February 2025: The board ruled that DNREC had not provided the complete record needed to review its decision.
September 2025: The board again ordered DNREC to provide additional records, including relevant communications involving state agencies, US Wind, and federal officials.
August 2026: The board again declined to dismiss the appeal at that stage.
October 13, 2026: The appeal returns for another public hearing.
October 13, 2026: The Environmental Appeals Board will finally hear Bintz's challenge to DNREC's approval of US Wind's compliance with Delaware's coastal protection requirements. After more than two years of legal disputes over whether the appeal could proceed and whether DNREC had provided all relevant documents, the hearing is expected to focus on the underlying questions: Did DNREC adequately evaluate the project's environmental impacts, follow the required procedures, and give the public a fair opportunity to participate? The board can uphold DNREC's decision, overturn it, or require the agency to reconsider its approval.
CRI Is Also Challenging DNREC in Court
At the same time, the Caesar Rodney Institute and other plaintiffs are pursuing a separate challenge to DNREC's December 2024 permit approvals.
On September 29, CRI attorneys Jane Brady and Stephani Wagner appeared before Superior Court Judge Mark Conner. Their arguments included concerns that DNREC received substantial additional information after the public comment period had closed, without giving residents another opportunity to review or respond to it.
The court also examined whether the project's Delaware construction activities were properly treated under the Coastal Zone Act.
Another Major Development: US Wind Abandons Sparrows Point
On October 6, another major development raised questions about US Wind's ability to move forward as originally planned. US Wind gave up its planned steel fabrication facility at Sparrows Point, Maryland, where it had intended to manufacture major components for offshore wind turbines. The site will instead be developed by defense contractor Anduril Industries for a submarine manufacturing facility.
US Wind's original plans included a steel fabrication plant intended to support Maryland's offshore wind industry. The company had also lost a previously awarded $47.4 million federal grant for the facility.
According to reporting by The Baltimore Sun, US Wind maintains that its offshore wind project can proceed without the Sparrows Point facility and says alternative port locations are available. However, the company has not publicly identified a replacement site or a new construction timeline.
The loss of Sparrows Point does not automatically cancel the offshore wind project.
Attend Tuesday's Public Hearing
Residents can observe the Environmental Appeals Board hearing in person or online.
Tuesday, October 13, 2026, at 9 a.m.
In person: DNREC Auditorium, 89 Kings Highway, Dover, Delaware.
Online via Webex:
Event number: 2349 159 0499
Password: QJkyRRpi438
Telephone: 1-408-418-9388
This is a legal hearing, not a general public-comment session. Residents are welcome to observe, but public testimony is not permitted.
Delaware's Coast Deserves Careful Review
With multiple legal challenges underway and major changes to US Wind's original construction plans, the project's future remains uncertain. Delaware residents deserve to know that projects affecting our beaches, bays, and coastal communities have received a thorough, lawful, and transparent review.
Tuesday's hearing is another opportunity to see that review process examined in public.
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