January 6, 2025
The Caesar Rodney Institute (CRI), joined by many fellow opponents, filed an appeal of the decision of Secretary Garvin of the Department of Natural Resources and Environmental Control (DNREC) to permit US Wind to bring transmission lines from a proposed offshore wind farm under the Indian River Bay and through wetlands.
Critical to the appeal is that the statutory and regulatory requirements were not met. Both the permits for going under the Bay and into the wetlands require zoning approval before the permit is considered complete. Even so, the Secretary granted the permits without meeting the zoning requirements.
“This appeal is not just about stopping a poorly conceived project—it’s about holding
decision-makers accountable to the people of Delaware and safeguarding the environmental and economic future of Sussex County for generations to come.”
John Toedtman, CRI’s Executive Director
This lack of adherence to proper permitting processes is not the only issue at stake. On December 17, 2024, the Sussex County Council voted by a 4-1 margin to deny the conditional use that a US Wind subsidiary had requested to build a substation next to the current Indian River Power Plant. CRI commends the Council for their willingness to stand up for the citizens of Sussex County, DE.
The Council’s decision aligns with broader concerns raised by CRI about DNREC’s failure to account for federal warnings regarding the project’s environmental impact. Additionally, CRI challenges the lack of support for the Secretary’s decision. Several federal agencies recommended against the transmission lines going under the Bay, citing the value of the natural resource and the fact that it is already stressed. Permitting requires alternative options to be considered, but DNREC ignored alternate approved land-based cable routes in approving the worst choice for the local ecology.
“The project is called the Maryland Project for a reason. The US Wind project offers no real benefits to Sussex County but assumes all the risk and liability to our environment.”
Dave Stevenson, CRI’s Director of Center for Energy & Environmental Policy
The controversy surrounding this project doesn’t stop with environmental risks. Defenders of offshore wind falsely state the US Wind project benefits Sussex County, DE. Claims include the project will reduce sea level rise, improve electric grid reliability, lower electricity prices, and that US Wind will grant millions of dollars in payments to beach towns and the state.
However, a closer look at the facts reveals a very different reality. The federal Final Environmental Impact Statement concludes on page 135, “US Offshore Wind projects would likely have a limited impact on global emissions and climate change.”
Additionally,
The US Wind project is only 4% of the total offshore wind goal, so it will have no measurable impact on global warming and sea level rise.
The planned transmission line investment is entirely related to connecting project power to the regional grid and does not impact local grid reliability.
An economic model calculates a $9 per year reduction in residential electric prices in the second decade of the project. However, the model has an error bar of +/- $22 per year, so the stated savings have no statistical significance.
The proposed grants total about $4 million annually for twenty years in current dollars. That is completely wiped out by just a 3% loss in tourism in one year.
The flaws in DNREC’s approval process are further complicated by potential conflicts of interest. When denied access to Maryland sites to bring the transmission lines ashore, US Wind was offered access to Delaware through 3Rs Road in our Seashore State Park through an agreement with Governor Carney that included payments to the State from US Wind. That agreement establishes a conflict of interest in granting permits.
CRI acknowledges and appreciates the efforts of those who have stood alongside us in opposition to this project. We thank our friends who have joined us in this appeal and look forward to a full public hearing on the terrible consequences this project will have on our natural resources. CRI is joined by two commercial fishermen, Wes Townsend and Geroge Merrick, the Mayor, Natalie Magdeburger, and the Town of Fenwick Island, and the Tower Shores Beach Association, a homeowner’s association of the development just south of 3Rs Road, where the transmission lines are proposed to come ashore.
ABOUT CAESAR RODNEY INSTITUTE
The Caesar Rodney Institute is a 501(c)(3) nonprofit, nonpartisan Delaware-based public policy think tank committed to protecting individual liberties. We create fact-based analyses to help Delawareans make more informed decisions. We envision a Delaware where all Delawareans are empowered to make informed decisions that best enable them to pursue their aspirations and achieve their goals. www.CaeserRodney.org.