Where Offshore Wind Litigation Stands in Delaware

The Delaware 39th District stands with the Caesar Rodney Institute and our neighbors in the 38th District in closely following this important issue.

While Seaford and much of western Sussex County are roughly 25–30 miles from Delaware’s coastline, our beaches are not far away — and decisions impacting them affect all of us. Delaware’s environmental health, tourism economy, fishing industry, energy costs, and local governance structure reach far beyond the shoreline. This impacts every resident of our state.

Court of Chancery Reviewing SB 159

On February 16, 2026, Sussex County Council and the Town of Fenwick Island filed a significant legal brief in the Delaware Court of Chancery challenging Senate Bill 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 transmission 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.

Sussex County and Fenwick Island argue that the State cannot retroactively override a local zoning decision in this way. The case raises serious constitutional questions, including separation of powers and due process protections under Delaware law.

Importantly, this is not a re-argument of the zoning record. The central issue is whether the General Assembly had the authority to reverse a local land-use decision after the fact — particularly while related court proceedings were already underway.

The case is currently at the summary judgment stage. The Court will decide the legal questions based on the written record and may schedule oral argument before issuing a ruling.

DNREC Permits Also Under Review

Separate legal challenges to DNREC’s offshore wind permits are moving forward. These cases examine whether DNREC followed Delaware law and proper procedures when approving the 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 Litigation Continues

On the federal level, US Wind’s counterclaim against the U.S. Department of the Interior, Ocean City, and the Caesar Rodney Institute was recently dismissed. However, the broader federal case continues and is expected to move forward in the coming months.

Why This Matters

Three separate legal tracks are now underway:

• The constitutional challenge to SB 159

• The DNREC permit appeals

• Ongoing federal litigation

Each case raises distinct legal and constitutional questions.

For the 39th District, this issue is not about geography — it is about governance, environmental stewardship, economic stability, and the rule of law. Even though our district sits miles from the shoreline, decisions made about Delaware’s coast affect property values, tourism revenue, commercial fishing, energy reliability, and the balance of power between state and local government.

We will continue to monitor these proceedings closely and stand alongside those seeking clarity, transparency, and constitutional accountability in decisions that affect all Delawareans.