AG Jennings celebrates win for clean energy in Delaware

Attorney General Kathy Jennings applauded the Delaware Supreme Court's decision to uphold state legislation allowing the construction of an electrical substation by Renewable Redevelopment LLC in association with a proposed offshore wind project designed to bring cleaner and cheaper energy to Delawareans.

On May 26, the Delaware Supreme Court affirmed a Court of Chancery ruling in support of Senate Bills 159 and 199, which retroactively authorized conditional use permits for certain electrical substations connected to large renewable energy projects when constructed in heavy industrial zones, among other provisions. The decision follows an attempt by Sussex County and the Town of Fenwick Island to stop the development of the substation and have the legislation declared void, blocking the essential clean energy alternatives it would allow.

"At a time when the cost of living is the highest it's ever been, supplying more clean energy to the grid is crucial to get Delawareans some real relief on their power bills," said Attorney General Kathy Jennings. "I'm grateful to the Court for their unanimous decision."

"The Delaware Supreme Court's ruling was clear: the General Assembly has the ultimate authority over the zoning policy in our State. When the greater interest of all Delawareans is at stake, the General Assembly can rightfully step in and enact legislation overriding a local decision," said Senator Stephanie Hansen. "Our state is facing serious energy supply and reliability challenges, and our neighbors are being crushed by rising energy costs. We cannot afford to deny energy projects that bring massive amounts of new, clean, renewable energy into our grid, providing us with the energy supply and reliability we need. Local decisions that stand in the way of the greater good for all Delawareans are appropriately overridden. Having now been through Delaware Chancery Court, Delaware Superior Court and the Delaware Supreme Court, this should now be a settled issue."

Energy costs in Delaware have seen a stark increase in recent years, with some Delawareans seeing monthly bills with dollar amounts in the thousands. The U.S. Wind project associated with this substation stands to offer significant relief as the largest near-term energy development project on the Delmarva Peninsula. The turbines, placed eleven miles offshore, would barely be visible from the coast but would deliver hundreds of megawatts of newly-generated electricity to an interconnection in Sussex County. The additional energy supply would reduce local energy prices by an estimated $253 million during the contract term. That sum does not include savings generated from credits that Delaware would receive for the clean energy generated.

The Delaware Supreme Court's ruling represents the elimination of a major obstacle in the path for this project, which continues to face federal hurdles. AG Jennings previously filed a brief challenging the Trump Administration's efforts to cancel the U.S. Wind project, one of his many attempts to destroy clean energy projects and further enrich his supporters in big oil.