Offshore Wind Battle in Delaware: The MarWin Project at Stake
Lawmakers in Delaware contemplate enacting a bill to reverse the rejection of an offshore wind energy project's permit.
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The MarWin offshore wind project, spearheaded by US Wind, is currently under fire due to a contentious debate over legislation that could impact its progress. This Baltimore-based subsidiary of an Italian energy company has planned projects off the Delmarva Peninsula, aimed at providing Maryland with renewable power.
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Last year, the Sussex County Council voted 4-1 to reject the permit application for US Wind subsidiary Renewable Development's substation at the Indian River Power plant, a former coal-fired station in Dagsboro. US Wind responded by appealing the county's denial in Delaware Superior Court but is also eyeing legislative action. A piece of legislation, called "An Act to Require the Permitting of an Electric Substation as a Conditional Use in a Heavy Industrial Zone," could expedite the construction process if it's signed into law before the end of June[1][3].
US Wind CEO Jeffrey Grybowski expressed concerns about delays caused by the ongoing legal proceedings, emphasizing that the project could face more delays if they wait for the courts to make a decision[1]. Grybowski stated that the company has all federal and state permits necessary to start construction in 2027, except for the substation[1]. The company aims to be operational by 2029.
The proposed bill under debate in the Senate Environment, Energy and Transportation Committee would allow for electric substation construction as a conditional use in a heavy industrial zone. This legislation is retroactive, meaning if a county denies a permit for a renewable energy generation project of at least 250 megawatts on or after August 8, 2023, the permit would be automatically approved if the law is enacted[3].
Key Players & Stances
While the bill doesn't directly reference Sussex County and its decision on the substation permit, the bill's sponsor, state Sen. Stephanie Hansen, D-Middletown, has indicated that this legislation is intended to address the issue[3]. Hansen, who chairs the energy committee, has emphasized that PJM Interconnection, the regional power grid operator, has been warning about a supply and demand imbalance, which has driven up the price of electricity and threatens the ability to meet electricity demands in Delaware[3].
However, local representatives have voiced opposition to the bill, contending that it overrides local control. The county has passed a resolution asking the state to honor local control, arguing for the separation of powers, the rule of law, and against the proposed legislation[2]. Some argue that it sets a dangerous precedent for future encroachments on local zoning decisions[2].
The bill has been released from committee and is expected to be voted on when lawmakers reconvene next week[2].
Challenges & Concerns
The company plans to run electricity transmission cables from the proposed wind farm three miles offshore in the Atlantic Ocean to 3Rs Beach at Delaware Seashore State Park. This would involve laying cables beneath Delaware-managed wetlands, state waters, and the Indian River Bay, and connecting to the proposed substation[1]. Opponents of the project have expressed concerns about tourism, impacts on wildlife in the bay, and the fishing industry[2].
On a broader scale, the MarWin project is entangled in a larger federal debate over wind energy projects. On his first day in office, President Trump signed an executive order to pause approvals, permits, and loans for all wind energy projects both onshore and offshore[2]. However, it remains unclear if this executive order would affect the MarWin project specifically[2].
Last month, a coalition of states, including Delaware and Maryland, sued the federal government to block the executive order, claiming that the White House does not have the authority to unilaterally suspend the permitting process[2].
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- In the ongoing battle over the MarWin offshore wind project, US Wind is considering both legal and legislative action to expedite construction, including a retroactive bill in Delaware aiming to bypass county permit denials for large-scale renewable energy projects.
- The company, aiming to provide Maryland with renewable power, faces opposition from local representatives who argue that the proposed bill infringes on local control and sets a dangerous precedent for future encroachments on zoning decisions.
- Beyond the local debate, the MarWin project is embroiled in a national political controversy, with the Trump administration's executive order to pause approvals for wind energy projects adding uncertainty to the project's future.
