The complaint asks DNREC to start over and redo its permit process for the offshore wind project.
The Caesar Rodney Institute and two individuals have asked the Superior Court of the State of Delaware in Sussex County to prohibit the Department of Natural Resources and Environmental Control (DNREC) from issuing permits for an offshore wind project.
“DNREC is not following its own rules and regulations in filing this permit process,” said David Stevenson, director of the Center for Energy & Environmental Policy at the Caesar Rodney Institute . “They didn’t give proper notice, they’ve missed some of the key points that they’re supposed to do when they start a regulation. So we are asking them at this point to start over again and do it right.”
US Wind has requested the permits to allow the company to bring transmission lines ashore and under the Indian River Bay to a proposed substation to be located next to the Indian River Power Plant.
Those against the project have cited that it will ruin ocean views and negatively affect the state’s tourism industry and beach economy.
Jane Brady of The Brady Legal Group filed the complaint, which lists the Caesar Rodney Institute, Paul “Wes” Townsend, and George Merrick as the complainants.
They are challenging DNREC’s authority to grant permits to US Wind for beach construction and the use of wetlands and subaqueous lands.
In January, US Wind offered a community benefits package that includes a stream of annual payments over 20 years, worth $2 million dollars to the communities of Henlopen Acres, Rehoboth Beach, Dewey Beach, Bethany Beach and South Bethany.
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“This complaint highlights the cavalier way DNREC is approaching permit approval to bring offshore wind power ashore in a Delaware State Park, and through our fragile inland bay,” Brady said.
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“The laws and regulations of the State require that any application for the wetlands and subaqueous lands permits include zoning approval for the project, where needed,” Brady said in a statement. “The application for a beach construction permit requires a report from the relevant DNREC Division, in this case, the Division of Watershed Stewardship.”
Both the required zoning approvals and the division report, she said, are not part of the applications under consideration by DNREC.
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“DNREC has a duty to comply with the law and the regulations they adopted relating to these matters,” Brady said.
Stevenson also claims Gov. John Carney created a conflict of interest by accepting payments from the wind developer.
Michael Globetti, media relations manager for DNREC, said Monday that DNREC has not yet seen the suit and has no comment at this time.
Efforts to reach US Wind for comment were unsuccessful.
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Immediate efforts to reach the state tourism office and Sussex County officials were unsuccessful Monday.
“The US Environmental Protection Agency strongly recommended cables not be buried in our bays, and so did the National Marine Fishery Service,” Stevenson pointed out. “These projects are going to do basically nothing for Delaware. It’s a Maryland project, let Maryland handle it.”
DNREC and the state attorney general have 20 days to respond.
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