Why Should Delaware Care?
Sussex County’s rejection of a new substation in Dagsboro flies in the face of both federal and state approvals surrounding the construction of a new offshore wind farm 15 miles off the coast of Ocean City, Md. In its denial of key permits, it opened the county to litigation, as three new members of county council are set to begin in January.
In a dramatic move, members of Sussex County Council rejected an application crucial to the completion of a new wind farm off the Atlantic coast. The proposal, which was rejected in a 4-1 vote, was at the center of a months-long debate in Sussex County.
If approved, it would have allowed Renewable Development, a subsidiary of US Wind, to connect high-voltage cables from the Indian River to a new substation adjacent to the Indian River Power Plant in Dagsboro.
US Wind, a Maryland energy company owned in part by an Italian infrastructure firm, said in a statement that it will appeal the decision. Now with the future of the project uncertain, Sussex County taxpayers will likely be on the hook to fund the county’s opposition to US Wind’s appeal and a potential future lawsuit.
Even with the rejection, the US Wind project is not dead, but significantly hampered and likely looking at further delays. It can still find another way to bring its cables ashore if it should lose its appeal.
What happened?
With a nearly full chamber, members of Sussex County Council met Tuesday morning to consider the contested application. Members of council denied community members the opportunity to comment on the upcoming vote, saying it closed the public record following a previous hearing.
It was uncertain how council members would vote, seeing as three members of the council are on their way out of office following electoral losses. But in the end, nearly all of the council members chose to reject the application.
Jeff Grybowski, the CEO of US Wind, said in a statement that Sussex County made a “terrible anti-business decision” in its rejection. He cited recommendations by the Sussex County Planning and Zoning Commission, as well as the remote, undeveloped parcel’s zoning, which would allow for the substation.
Additionally, the statement signaled intentions by the firm to appeal the decision in court.
“We know that the law is on our side and are confident that today’s decision will not stand,” Grybowski said. “Our plans to build the region’s most important clean energy project are unchanged.”
One of the council members who rejected the substation was Mark Schaeffer, who is leaving office in January. He said he believed the proposal would not benefit Delawareans.
“None of the benefits flow to the residents of Sussex County or to the people of the state of Delaware,” Schaeffer said. “They all flow to the benefit of the state of Maryland and the residents of the state of Maryland.”
While the wind farm would be visible from the coast of Delaware and connect to the region’s energy grid in the First State, it is actually regulated by Maryland and positioned in federal waters.
Schaeffer also said the project could have “devastating” environmental impacts in both Delaware waterways, as well as the ocean.
He was not the only one to shut down the proposal. Council members Cynthia Green, Douglas Hudson and John Rieley also echoed similar concerns as Schaeffer.
The lone vote of support came from Council President Michael Vincent, who will also leave office in January and said today’s rejection could backfire in the future. He said that by rejecting the proposal on the idea it won’t benefit Delaware, it opens other states to do the same.
“I think it’s a bad precedent to set,” he said. “I certainly hope that people in other states don’t feel that way about us.”
Reactions to the rejections
Vincent’s sentiments were also felt by some environmental protection and renewable energy activists. In a press release from multiple organizations, they all expressed dismay with the county’s decision to block the application.
Peggy Schultz, founder and facilitator of People for Offshore Wind Energy Resources, said the move could hinder future energy growth in Delaware.
“By rejecting the permit, Sussex County leaders set a dangerous precedent that could hamper future infrastructure projects that will doubtlessly be required to meet rising energy demand in our region and to help bring more clean, affordable energy online,” Schultz said.
Mark Nardone, the director of the Delaware Nature Society, said the county missed out on “direct savings, job growth and infrastructure improvements promised to Sussex County.”
He previously noted that since Delaware doesn’t produce much of its own energy and often relies on outside states, creating a new wind farm could limit the amount of emissions produced in surrounding areas.
“Delawareans must double down on their commitment to being part of the solution to the climate and energy crisis we’re experiencing,” Nardone said in Tuesday’s release.
David Stevenson, the director of the Caesar Rodney Institute, could not be reached for comment following the vote. The conservative Delaware public policy think tank has opposed the building of offshore wind farms here for more than a decade.
Correction: This story originally reported in its headline and text that US Wind would sue Sussex County over the ruling. In fact, it is appealing the ruling to Delaware courts, which differs from a claim of civil damage.
