Delaware Think Tank Challenges Offshore Wind Project

In October of 2024, the Caesar Rodney Institute (CRI) filed suit against Shawn Garvin, Secretary of the Delaware Department of Natural Resources and Environmental Control (DNREC), challenging the creation of wind turbines off the shores of Delaware. The wind turbines would be a part of the Maryland Offshore Wind Project,¹ but are expected to bring various benefits to Delaware as well.² These benefits include renewable energy credits valued at seventy six million and a community benefits package valued at forty million. However, the issue at the center of CRI’s suit is the 64 miles of cables running underneath state governed wetlands and waters needed to create the wind turbines. CRI is a Delaware based think tank historically associated with conservative policy positions.³ CRI has ties to fossil fuel interests, and in the past have promoted misinformation about offshore wind energy’s role in whale deaths.⁴ The original complaint claimed that DNREC failed to gain approval from the Sussex County Council before moving forward with their plan, and deprived the public of their right to be heard.⁵

The initial lawsuit was voluntarily dismissed by the CRI on December 26, 2024 after Secretary Garvin filed a final decision on December 9. The outgoing governor, John Carney, officially signed the agreement on January 6, 2025.

On January 8, 2025, CRI appealed, requesting that the decision of Secretary Garvin be reversed and remanded back to DNREC. CRI’s appeal raises 4 alleged issues: (1) that DNREC failed to adequately include public input; (2) that DNREC did not release relevant documents in a timely fashion; (3) that DNREC ignored potential alternative construction options; and (4) that DNREC failed to comply with the state Coastal Zoning Act. Overall, CRI claims the project would fail to fulfill DNREC’s duty to protect and conserve Delaware’s natural resources, and would only benefit Maryland.⁶

Firstly, CRI contends that DNREC has failed to follow state regulations by approving the creation of underground transmission lines, disturbing the beaches of southern Delaware.⁷ Specifically, CRI argues that because the permit process was not followed, public input was limited.⁸

Second, CRI alleges that DNREC released 4,000 pages during the joint permitting process, and that on the date of the decision, another critical 500 pages were released. The volume and timing of the document releases was another action that took away the public’s ability to give meaningful input.⁹

Thirdly, CRI argues that the permit is illegal because it failed to consider the effect of the construction on the beaches. Specifically, CRI argues that DNREC failed to consider design modifications and alternative methods of construction, and that they ignored the Sussex County Council’s denial of a conditional use zoning application for a substation, thereby invalidating the whole process.¹⁰ Additionally, the 500 pages released concurrently with the December 9th decision, significantly modified the depth of the transmission lines.¹¹ CRI claims that these design modifications were not only based on information unavailable to the public, thus preventing the public from commenting on them, but also were on leased areas considered to be “estuaries of national significance”, which DNREC had no right to lease. DNREC’s failure to provide a wildlife impact study on key marine species living in these estuaries also invalidated the permit process, CRI argues.

Finally, CRI asserts that DNREC failed to consider the project’s impact on submarine and public recreational beach areas, and that there was a conflict of interest between the Secretary and Governor’s 2023 Term Sheet. The Governor’s December 2023 “Term Sheet” was a proposed financial document that outlined what costs and benefits would be associated with the wind farm for Delaware, U.S. Wind, and the Maryland Offshore Wind Project.¹² CRI argues that this document created a conflict of interest for Secretary Gavin because it included independent considerations of the benefits that U.S. Wind and the project applicant would receive when Secretary Gavin was only supposed to consider the impacts on natural resources and the benefits for Delaware citizens. Additionally, even if there wasn’t a conflict of interest, CRI argues that DNREC misquoted a Delaware regulation prohibiting the building of a solid bulk transfer facility for moving power inland and that this misquoting violates the Delaware Coastal Zone Act.¹³ Even if the Maryland Offshore Wind Project is not a bulk transfer facility, CRI argues that the drilling necessary for placing the pipelines is prohibited by the same section of the Coastal Zone Act.¹⁴ These assertions, along with others, CRI claims support their request to the court to find the DNREC’s decision illegal.

The appeal is currently with the Delaware Superior Court. The superior court will review the claims, and may either: (1) affirm DNREC’s approval; (2) overturn it completely; or (3) send the matter back to DNREC to further consider their statutory and regulatory requirements.

¹ Marwin Offshore Wind Project, U.S. Wind, (last visited Feb. 14, 2025).
² Chris Flood, State formalizes benefits package with US Wind, Cape Gazette, (Jan. 10, 2025).
³ About CRI, Caesar Rodney Inst., (last visited Feb. 13, 2025).
⁴ Isaac Slevin, William Kattrup, & Timmons Roberts, Against the Wind, Brown University Climate and Development Lab (December 2023).
⁵ Sarah Mueller, Conservative Delaware think tank sues to stop Maryland offshore wind farm, WHYY (Oct. 2, 2024); Compl. for Writ of Prohibition and Declaratory Judgment, Caesar Rodney Inst. v. Garvin, No. S24M-09-038 (Del. Super Ct. Sep. 30, 2024).
⁶ Notice of Appeal, Caesar Rodney Inst. v. Garvin, No. S25A-01-001 (Del. Super Ct. Jan. 9, 2025).
⁷ 7 Del. C. § 6805.
⁸ Notice of Appeal, 12-15.
⁹ Id. at 15-17.
¹⁰ Nick Stonesifer, Sussex Council Rejects Substation,Wind Farm Will Appeal, Del. Bus. Now (Dec. 17, 2024).
¹¹ Notice of Appeal, 17-20.
¹² John Carney, Delaware to Negotiate with US Wind Over Benefits for State, Del. Governor (Dec. 19, 2023).
¹³ 7 Del. Admin. C. §§ 5.0, 5.1.5 (2019).
¹⁴ Del. Code Ann. tit. 7, § 7003 (West 2019).