Lawsuit filed to prevent U.S. Wind approvals until application complete

Watermen, CR Institute ask court to rule that DNREC must wait

A lawsuit aimed to stop the permitting process for an offshore wind project until the application process is complete has been filed in Superior Court.

“Overwhelmingly, the people of Sussex County are opposed to this project,” said M. Jane Brady, attorney representing watermen Paul “Wes” Townsend and George Merrick, and the Caesar Rodney Institute.

Brady said Maryland’s U.S. Wind project must obtain three permits from the Department of Natural Resources and Environmental Control for wetlands, subaqueous and construction, but those cannot be granted until Sussex County Council takes action on the zoning change.

“We have therefore filed this action asking the court to prohibit [Secretary Shawn Garvin] from granting the permits until such time as the applications are complete,” Brady said.

The project would build up to 121 wind turbine generators, up to four offshore substations, up to four offshore export cables and one meteorological tower in ocean waters due east of Ocean City, Md. The offshore export cables are proposed to land at 3R’s Beach, north of Bethany Beach, and interconnect into a proposed substation that would be constructed on land adjacent to the Indian River power plant.

Townsend, who grew up on Indian River Bay and continues to work as a fisherman, said the construction project will be detrimental to the area.

“We should be up in arms in allowing this cable to be buried on the beach,” he said.

Joining him on the Rehoboth Beach Boardwalk, George Merrick, a charter service operator, said future clam spawn will be compromised by the project.

“Delaware has no right to take this from future generations,” he said.

DNREC held a public hearing July 9 on the necessary permits, reportedly attended by 200 people virtually, with fewer than 30 who spoke.

The lawsuit asks the court to declare that DNREC cannot grant a permit on an incomplete application that fails to include mandatory information and DNREC cannot grant an application for beach construction or alteration without following mandatory regulatory procedures and securing all materials as required by law; and issue a writ of prohibition until each application is complete.

The lawsuit also asks for reasonable attorney’s fees, expenses and costs.

DNREC has said in the past that Garvin is expected to make his decision on the permit applications by the end of the year. Sussex County Council held a conditional-use public hearing July 30, but deferred action to a later date.