Where Offshore Wind Litigation Stands in Delaware
- Michelle Parsons
- 24 hours ago
- 4 min read
Several court cases challenging Delaware’s offshore wind approvals are actively moving forward. Here is where things stand.
Court of Chancery Reviewing SB 159
On February 16, 2026, Sussex County Council and the Town of Fenwick Island filed a major legal brief in the Delaware Court of Chancery challenging SB 159 (Case No. 2025-1478-KSJM).
SB 159 is the law the Delaware General Assembly passed after Sussex County Council denied US Wind’s conditional use permit to bring offshore wind cables ashore at 3Rs Beach in Delaware Seashore State Park. The legislation effectively stepped in and declared the project approved despite the County’s denial. In this filing, Sussex County and Fenwick Island argue that the State cannot retroactively override a local zoning decision in this way and that doing so violates constitutional limits on government power, including separation of powers and due process protections.
Importantly, this is not a re-argument of the zoning record. This case asks a broader constitutional question: whether the General Assembly had the authority to pass a law that reversed a local land-use decision after the fact and while related court proceedings were underway.
The plaintiffs, Sussex County Council and the Town of Fenwick Island, also respond to the argument that this issue was already decided in an earlier Superior Court case. They explain that the earlier case was limited to a “certiorari” review, which simply means the Court was looking at whether Sussex County followed proper procedures when it denied the permit. It was not a full constitutional challenge to SB 159. In that limited review, the Superior Court was not asked — and did not have the authority — to decide whether SB 159 is constitutional. The plaintiffs argue that this constitutional question has never been fully addressed and that the Court of Chancery must now decide it directly.
The case is currently at the summary judgment stage, meaning the parties are asking the Court to decide the legal issues based on the law and the written record, without holding a full trial. After briefing is complete, the Court may schedule oral argument and will then issue a written ruling on whether the legislature exceeded its constitutional authority when it enacted SB 159.
DNREC Offshore Wind Permits Under Court Review
Separately, legal challenges to DNREC’s permits are also moving forward. These cases focus on whether DNREC followed Delaware law and proper procedures when approving permits for the offshore wind project.
The Caesar Rodney Institute remains a named appellant in this litigation, continuing to press for full compliance with Delaware law and regulatory standards.
Federal Court Dismisses US Wind Counterclaim
On the federal side, litigation is also moving forward. Last week, US Wind’s counterclaim against the U.S. Department of the Interior, Ocean City, and Caesar Rodney Institute was dismissed, removing one of US Wind’s legal arguments from the case.
The broader federal case continues and is expected to proceed on its remaining claims. Given the briefing schedule and court timelines, it will likely be summer before the matter is argued and decided.
Where Things Stand Now
At this point, three separate legal tracks are underway: the constitutional challenge to SB 159 in the Court of Chancery, the DNREC permit appeals in state court, and the federal litigation involving federal approvals. Each case raises distinct legal questions. Together, they ensure that decisions surrounding offshore wind in Delaware are being thoroughly examined in court.
The Caesar Rodney Institute remains actively involved where it is a named party and continues to monitor all related proceedings.
Listen to Julianne Murray on 92.7 WGMD Monday 9am-noon
WGMD will have Julianne Murray, former Delaware GOP Chair and former U.S. Attorney for the District of Delaware, filling in for Jake Smith as he recovers from injuries sustained in a fall on the ice. We wish him a smooth and speedy recovery.
Julianne will be on WGMD 92.7 and 98.5 from 9:00 a.m. to noon.
Looking Ahead: Next Meeting Speaker
The 38th District Southern Delaware Republican Club meets on the first Monday of each month. Our next meeting will be held on Monday, March 2, 2026. This meeting will feature U.S. Senate candidate John Shulli, continuing the club’s commitment to hearing directly from candidates and encouraging thoughtful, issue-driven discussion. Republicans, unaffiliated voters, and independent thinkers are always welcome.
***
If you like what we do and would like to help support our mission, please send us a donation. We thank you for choosing to keep the 38th District Republican Club a success and a beaming light of conservative values in Delaware!
Like our logo? Buy a t-shirt or hat here!
*************************************************************************
Do you want to get more involved locally? The 38th District includes Bethany Beach, South Bethany, Fenwick Island, Ocean View, Millville, Selbyville and Frankford. YOU can make a difference! Email info@38thdrcp.com for more information. Also, sign up for the State GOP e-Newsletters here.
Listen to WGMD 92.7 and 98.5 for local news!
*******************************************************
Join the GOP:
Good Ordinary People who have common sense and will put an end to the nonsense!
Join the 38th District Republican Club and Subscribe to our e-Newsletter. If you like what we do and stand for, consider sending us your financial support.
To Donate Make check payable to:
38th DRCP
PO Box 184
Frankford, DE 19945
We meet the first Monday of the month, excluding holidays. For questions please
Email: info@38thdrcp.com
Upcoming Meetings
38th Club Meeting, Monday, March 2, 6:30pm, South Coastal Library, Bethany Beach
Sussex GOP Region Meeting, February 9th, 6:30pm, Millsboro Fire Hall
IRSD Committee Meetings, Monday, February 9th, Millsboro Middle, 4pm-7pm
IRSD School Board Meetings, Monday, February 23rd, 6:30pm, Millsboro Middle
38th Club Meeting, Monday, April 6th, 6:30pm, South Coastal Library, Bethany Beach
We welcome your support as we support conservative values and responsible government.
This newsletter is intended for informational purposes only. The content provided is for general information and entertainment purposes, and should not be construed as professional advice. The views and opinions expressed in this newsletter are those of the authors and do not necessarily reflect the official policy or position of the Club. Readers are encouraged to seek professional guidance or conduct their own research when making decisions based on the information provided in this newsletter. The Club does not guarantee the accuracy, completeness, or usefulness of any information presented in this newsletter and will not be held liable for any errors or omissions. Website paid for by the 38th District Republican Club PAC and not authorized by any candidate or candidate’s committee.
Comments