12/18/2025
Why Local Control Is Now a Legal Question?
Yesterday, the Sussex County Council voted to authorize counsel to pursue judicial review related to SB 159, legislation enacted by the Delaware General Assembly that alters the application of state authority over local land-use determinations.
The Council’s action seeks a court-ordered pause on the law’s implementation prior to its scheduled effective date of January 31. The intent of this request is to allow the judiciary to assess whether SB 159 lawfully preempts prior county decisions, including Sussex County’s earlier determination regarding the proposed landing of offshore transmission infrastructure associated with US Wind.
From a procedural standpoint, the timing of judicial review carries practical implications. US Wind is subject to a federal requirement to demonstrate measurable construction progress by June 2026 in order to maintain existing permits. Any interruption or delay pending litigation introduces uncertainty into the project’s schedule while legal questions are resolved.
The vote in favor of authorizing litigation included Council President Doug Hudson and Councilmembers Steve McCarron and John Rieley. Their support reflects a determination that questions the scope of state preemption of county authority and warrants judicial clarification. The one dissenting vote was Councilmember Jane Gruenebaum. Councilmember Matt Lloyd abstained from voting.
Similar actions are being considered elsewhere. The City of Fenwick Island has also moved toward litigation, signaling that multiple coastal jurisdictions are seeking legal review of SB 159 and its broader implications for local governance.
With yesterday’s vote, the matter now moves from the legislative arena to the courts. Further developments will depend on judicial proceedings and subsequent rulings regarding the balance of state and local authority under Delaware law.
Go to TALKING POINTS - OFFSHORE WIND on sussex.gop for other recent articles relating to the US Wind Project:
https://www.sussex.gop/talking-points
Photo is a rendering of US Winds project as seen from Ocean City 84th St courtesy of the Bureau of Ocean Energy Management.