LANSING, Mich. (Michigan News Source) – It’s official – local governments in Michigan are blowing in the wind as the state continues to hold its grip on where and how massive renewable energy projects will sprout. Despite the objections of 79 local communities, the Michigan Public Service Commission (MPSC) is plowing ahead with its authority to greenlight large-scale wind, solar, and energy storage installations. The Court of Appeals on Tuesday declined to hit the brakes on this sweeping power grab, leaving towns across Michigan feeling powerless in the face of state mandates.

Renewables vs. local rule: the power play.

In what critics are calling a legislative steamroller, Public Act 233 of 2023 shifts approval authority for massive renewable energy projects – like massive wind farms and huge solar arrays – from local municipalities to state regulators.

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The law, enacted under the Democratic-led legislature and Governor Gretchen Whitmer, claims to clear the path for Michigan’s renewable energy goals. But for towns that value their zoning rights and wildlife, this feels less like progress and more like an overreach into their local communities.

Communities push back.

Seventy-nine municipalities – including Clinton, Dickinson, and Tuscola counties – have joined forces to challenge the law, filing an appeal in the Michigan Court of Appeals. They argue that the law strips them of their ability to impose reasonable zoning restrictions and undermines local control. In their filing, these communities demand that the courts vacate the MPSC’s order, accusing the agency of stomping over boundaries that protect towns from becoming solar and wind dumping grounds.

Court Sides with MPSC for now.

On Tuesday, January 14th, the Court of Appeals denied a motion for a “stay” of this controversial law, effectively greenlighting the MPSC’s October 2024 order that redefines municipal authority in zoning disputes. Communities are crying foul, alleging that the MPSC exceeded its authority by sidestepping proper rulemaking procedures and cooking up new definitions for key terms like “hybrid” and revising the definition of local units of government.

Meanwhile, communities across Michigan are raising an uproar over these projects appearing in their neighborhoods. A recent example in Gaylord sparked significant backlash when residents discovered that public land managed by the DNR was slated for a solar development.

State’s argument: full steam ahead for renewables.

Proponents of the law, including Democrats, unions, environmental groups, and the renewable energy industry, insist that centralized authority is the only way to meet the state’s ambitious renewable energy targets: 50% by 2030 and 60% by 2035. They argue that leaving these decisions to local governments has stymied progress, delaying crucial projects and putting Michigan’s climate goals at risk.

Courts: let’s see how the wind blows – and if the sun shines.

As communities fight to reclaim control over their lands, the appeals court’s refusal to pause the law’s implementation paves the way for the MPSC to press forward with approving projects amidst ongoing legal battles. If municipalities ultimately lose, Michigan could face a surge in renewable energy developments in towns left without a voice in the decision-making process.