The Michigan Court of Appeals has largely upheld the state utility-regulating board’s handling of a law that lays out a path for the state to approve large wind, solar and energy storage projects even over the objections of local officials.
A group of 75 townships filed the lawsuit in 2024. They argue the Michigan Public Service Commission was violating the terms of a law that already took away their ability to say yes or no to projects with a huge impact on the quality of life in their communities.
Backers of the law say it’s necessary to meet the rising demand for clean energy and to respect the rights of landowners who want to lease or sell property to energy companies.
The unanimous decision wasn't , but it clears the way for the MPSC to approve wind, solar and energy storage projects.
“So, while the commission continues to review the impact of specific findings, the decision largely affirms the commission’s approach and allows for continued and timely implementation of the law,” said Public Service Commission spokesperson Matt Helms.
The court rejected arguments by the townships that the MPSC violated the state’s Administrative Procedures Act for promulgating rules. The court said the agency misinterpreted rules regarding timelines and local units of government affected by the law, but otherwise followed the law approved by the Legislature.
Michael Homier, an attorney representing the local governments, said the townships are considering their next steps.
“Obviously, we’re disappointed,” he told Michigan Public Radio, “and, while I respect the court’s opinion, that doesn’t necessarily mean I agree with it and so we’re still digesting everything in it and we’ll have a discussion with our clients moving forward.”
One possibility would be taking the case to the Michigan Supreme Court.
