Delaware environmental officials set late January offshore wind appeal

DOVER — Following its October 2024 choice to allow an appeal, the Delaware Environmental Appeals Board will determine Jan. 28 if a decision to grant a conditional concurrence to two federal certifications awarded to US Wind was made in error.

At issue is “federal consistency” or when U.S. agencies are required to comply with state-controlled coastal management policies. Both sides agree that Delaware Department of Natural Resources and Environmental Control secretary Shawn Garvin made US Wind aware it had obtained state concurrence so long as certain permits were obtained.

These permits all have their own processes, but appellant Edward Bintz of Bethany Beach outlined several objections to notification standards, including those of the concurrence itself, and the availability of records, saying the provided internet links led to a “sea of documents.”

The appellant also listed what he believes are conflicts between Mr. Garvin and the Delaware Coastal Management Program, a partnership between the state and the National Oceanic and Atmospheric Administration founded to “preserve, protect, develop, enhance and resolve conflicts related to the state’s coastal resources,” according to its website.

Mr. Bintz brought his appeal to the board in August 2024. The entity was formed to hear challenges made to decisions by DNREC and has the authority to affirm, modify or reverse those rulings.

Its seven members voted unanimously to allow the appeal to proceed. They include two representatives from each county, plus a chair, all appointed by the governor. The current leader is Dean Holden of Kent County.

“The state, within exercise of its sovereign power, acting through the department DNREC, should control development and use of the land, water, underwater and air resources of the state,” Mr. Bintz said during the October hearing.

“There are some really important decisions being made here, but DNREC can be stretched. People are going to get things wrong, and that’s throughout government. You need the court system as sort of a check and balance on the executive branch.”

Asked what he thought the outcome of the federal process should be if his appeal is successful, he said a reversal of Mr. Garvin’s decision and remanding the issue back to the agencies is the proper course.

The offshore wind project pursued by US Wind has received prior federal and state endorsement but fared worse locally.

On Dec. 17, 2024, during its last meeting of the term and over the recommendation of its Planning & Zoning Commission, the outgoing Sussex County Council ruled to deny the zoning use of a former electrical substation in Dagsboro as a tie-in facility for the US Wind project.

Meantime, Fenwick Island has joined Ocean City, Maryland’s lawsuit against the Bureau of Ocean Energy Management related to the development, and Worcester County, Maryland, commissioners have announced plans to use eminent domain to block a land purchase along its commercial harbor.

The Jan. 28 meeting is scheduled for 9 a.m. at the DNREC Auditorium, 89 Kings Highway, Dover. For information or to attend online, visit dnrec.delaware.gov/events/before-the-environmental-appeals-board-appeal-2024-04-2 .