In the first session of the 152nd Delaware General Assembly, which just ended June 30, Senate Bill 159 passed and was signed by the governor. The bill allows the state to override a decision by Sussex County Council to deny permission for US Wind to connect its offshore wind generators to land at a heavy industrial site in the county. US Wind has appealed Sussex County’s decision to Superior Court. Later in the evening (technically on July 1), Senate Bill 199, which delays the implementation of SB 159 until Jan. 31, 2026, passed the Senate unanimously and by a 39-0 vote in the House of Representatives.
The bill is about Sussex County’s December 2024 decision to deny a conditional use permit to US Wind, a Maryland company owned by an Italian parent.
Proponents of state control argue that we are facing a critical shortage of reliable energy without developing an ocean-generating capacity as soon as possible. They argue that the bill only applies to this particular site, which has already been zoned for heavy industrial use.
Opponents cite home rule for the county’s decision not to grant a conditional use for the onshore site. They assert further that we should wait until the Superior Court rules on US Wind’s appeal; otherwise, the bill may be unconstitutional because it violates the separation of powers and would result in more, not less, litigation.
As a former certified mediator, I have seen the power of dispute resolution when the parties set aside their positions and work to identify their interests. Here, confronting the energy crisis with available wind power and providing Sussex residents with the benefits for assisting in that endeavor are legitimate interests.
US Wind and the county should meet now to explore their mutual interests. This effort will mean that the parties must overcome their previous positions, which have resulted in the current impasse.
US Wind should immediately contact the county to start the process, and the county should immediately agree to open and full discussions. The parties should start (possibly with a court-appointed mediator) by identifying their concerns. Both parties should commit to a resolution by Labor Day. Working together to develop a plan is a better outcome than legislation and litigation.
Jack Young
Rehoboth Beach
Reader reactions, pro or con, are welcomed at civiltalk@iniusa.org.
