Where Offshore Wind Litigation Stands in Delaware

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). Delaware Court of Chancery, 34 The Circle, Georgetown, DE

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.