Delaware offshore wind appeal keeps 114-turbine project in legal fight

Appeal keeps project dispute active

Delaware’s Environmental Appeals Board allowed Edward Bintz’s challenge to continue, keeping state decisions involving US Wind’s proposed offshore project under administrative review after regulators sought dismissal of the case.

The ruling extends a legal and political dispute that has lasted about two years, with residents, local officials, state agencies, and other parties contesting different parts of the project.

Board declines to end the case

Board members rejected the Delaware Department of Natural Resources and Environmental Control’s request to dismiss Bintz’s appeal after considering arguments about the board’s authority and available legal remedies.

Environmental Appeals Board Chair Michael Horsey supported hearing the case on its merits, allowing the challenge to proceed rather than ending it through another procedural dismissal request alone.

State says federal process advanced

Deputy Attorney General Devera Scott, representing Delaware environmental regulators, argued the federal review had advanced so far that the state appeals board could no longer provide practical relief.

Her argument centered on whether Delaware could correct any earlier error after federal approvals moved forward, even if board members later found problems with the state consistency review.

Bintz challenges public notice

Edward Bintz, a South Bethany homeowner and retired attorney, argues Delaware regulators failed to provide proper public notice while reviewing US Wind and reaching the challenged consistency decisions.

He wants the Environmental Appeals Board to examine whether the agency or former Secretary Shawn Garvin made legal errors while reviewing and issuing the project’s federal consistency determinations.

Garvin’s decision remains disputed

Bintz’s filing challenges former Delaware Department of Natural Resources and Environmental Control Secretary Shawn Garvin’s decisions concerning consistency with the Delaware Coastal Management Program’s federally approved enforceable policies.

Bintz also claims those decisions harmed his property interests, making the secretary’s reasoning and the process behind the determinations central parts of the administrative appeal before the board.

Brady leads Bintz’s appeal

Jane Brady, a former Delaware Attorney General who previously chaired the Delaware Republican Party, represents Bintz in the Environmental Appeals Board administrative challenge involving the US Wind project.

Her role extends beyond this proceeding, placing Brady in several Delaware disputes over the project as opponents challenge approvals through courts and administrative appeal routes within the state.

Fun fact: Offshore wind power in the USA began operating commercially in 2016, when the first American offshore wind farm started service.

Federal case adds another challenge

Bintz also filed a lawsuit in federal court challenging approvals for the US Wind project, creating a separate legal track from his administrative appeal before Delaware’s environmental board.

That court case addresses different questions from the state proceeding, which focuses on Delaware’s review decisions and whether regulators followed required procedures when handling federal consistency matters.

Little-known fact: Renewable energy in the USA generated more electricity than coal in 2022, marking its first lead in the power sector.

Institute pursues separate appeals

Brady also represents the Caesar Rodney Institute in two additional cases involving US Wind, expanding the project’s legal disputes beyond Bintz’s individual challenge before the Environmental Appeals Board.

One institute appeal is pending in Delaware Superior Court, while another remains before the Environmental Appeals Board, giving project opponents multiple state forums for separate project-related legal arguments.

Ocean City opposes the project

Ocean City, Maryland, officials are also opposing the US Wind project in federal court in Maryland, adding another jurisdiction to the wider collection of legal challenges surrounding development.

Those federal proceedings remain distinct from Bintz’s Delaware appeal, reflecting how different governments and parties are contesting separate approvals connected with the same proposed offshore wind development plan.

Substation dispute reached lawmakers

In 2025, Delaware lawmakers faced a prolonged dispute over US Wind after a local land-use decision denied a permit for a land-based substation considered integral to the project.

Legislation later superseded that local decision, moving the substation issue beyond county land-use authority and adding another state-level dispute to the project’s broader legal and political history in Delaware.

Senate Bill 346 changes board procedures

Governor Matt Meyer signed Senate Bill 346 in 2026, changing how the Delaware Environmental Appeals Board operates while the US Wind disputes continue through multiple active legal channels.

Brady argues the law may limit public access to information considered during a secretary’s decision-making process, and she has raised the possibility of future challenges involving those restrictions.

Federal approval covered up to 114 turbines

The Bureau of Ocean Energy Management’s 2024 approval covered up to 114 offshore wind turbines near Maryland and Delaware, amid continuing regional concerns about electricity prices for consumers.

State officials view the project as part of Delaware’s response to higher power costs, while many Sussex County residents and local leaders continue opposing its approvals and development.

Want to read more about the latest developments? Check out how the Alabama solar project tied to Meta data center won state approval.

Merits hearing is scheduled

After denying the dismissal effort, the Environmental Appeals Board scheduled a hearing on Bintz’s challenge for October 13, leaving the underlying consistency review questions unresolved pending that proceeding.

The next phase will focus on whether Delaware regulators handled the challenged decisions lawfully, while separate court cases, state appeals, and political disputes continue around US Wind’s proposal.

Want the latest before everyone else? Check out how Social Security funding gaps could shrink future checks and change retirement plans for Americans.

Do you think continued legal challenges are protecting Delaware’s interests, or are they unnecessarily delaying the 114-turbine offshore wind project? Share your thoughts.

This slideshow was made with AI assistance and human editing.

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