Oct. 22 hearing set on dismissal of offshore wind appeal

A South Bethany property owner has filed an appeal challenging the state’s review of two federal consistency certifications for the proposed US Wind offshore wind project that’s planned for the ocean waters off the coast of Maryland, but has a landfall connection north of Bethany Beach at 3R’s Beach. The state’s Environmental Appeals Board has scheduled Tuesday, Oct. 22 hearing on a motion to dismiss the appeal.

Edward Bintz, a Virginia-based attorney who owns property in South Bethany, issued an appeal in August of Delaware Department of Natural Resources and Environmental Control Secretary Shawn Garvin’s decision to conditionally concur with two certifications made by US Wind saying it met the state’s Coastal Management Program’s federal consistency policies and procedures. The two certifications are related to the project’s Construction and Operations Plan and the USACE Permits/Authorizations.

Bintz argues that US Wind’s analysis violates the CMP by failing to take into account reasonably foreseeable effects from the project. He also argues that DNREC’s published public notice failed to announce the availability of the federal certifications as well other public notice issues.

The state’s coastal management program is intended to ensure protection of Delaware’s coastal areas from environmental damage and to preserve its use for reaction, scenic and aesthetic enjoyment, said Bintz, in his appeal.

This is the second time Bintz has taken a government body to task over the offshore wind issue.

Earlier this year, Bintz petitioned the Attorney General’s Office to say that the Association of Coastal Towns is a public body and that it violated Delaware’s Freedom of Information Act by failing to conduct certain meetings in accordance with open meeting requirements.

He argued, and the AG’s Office agreed, that ACT failed to comply with FOIA and denied the public a role in its decision-making on matters of public interest related to US Wind’s offshore wind project.

This is also the second legal action taken against the offshore project.

Earlier this month, attorney Jane Brady, on behalf of watermen Paul “Wes” Townsend and George Merrick, and the Caesar Rodney Institute, filed a lawsuit in Superior Court to stop the permitting process for an offshore wind project until the application process is complete at the Sussex County level.

Renewable Redevelopment LLC, a subsidiary of US Wind, has filed a conditional use application with the county so it can build a substation site near the Indian River power plant.

The company purchased the 140-acre parcel in December 2023 from Indian River Power LLC. Of that parcel, 23.5 acres would be used for the substation.

The Environmental Appeals Board hearing is scheduled for 9 a.m., Tuesday, Oct. 22. It will be a hybrid hearing, with an in-person option at the DNREC offices at 89 Kings Hwy., Dover, and a virtual option. For more information, contact the Environmental Appeals Board staff at 302-739-9001.