Michigan communities push back against renewable energy permitting process

Nearly 80 municipalities across Michigan have filed a legal challenge against the state’s permitting process for large-scale solar and wind energy facilities. The appeal claims that the Michigan Public Service Commission (MPSC) overstepped its legislative authority, prompting a debate over the balance of power between state and local governments in renewable energy development.

At the heart of the dispute is the MPSC’s interpretation of a series of bills that were signed into law in 2023 by Gov. Gretchen Whitmer. The legislation was designed to create a cooperative framework between the state and local governments regarding renewable energy project approvals. The MPSC established zoning standards for wind and solar facilities, while leaving site-specific decisions to local authorities.

However, municipal officials argue that the MPSC has unlawfully expanded its role, redefining key terms and adopting policies that strip local governments of their ability to determine where such facilities can be placed within their jurisdictions. Lawyers at the firm representing the municipalities claim that the MPSC’s approach has led to inconsistent interpretations of the law, asserting that the commission’s actions takes away the local communities’ right to even say where in the township a wind or solar energy facility can be placed.

One official from a community involved in this litigation, Jeff Sorensen, a Cooper Township supervisor, said they are bringing the appeal forward, not because these towns, cities, villages and counties are against renewable energy, but rather because they believe these renewable energy decisions should be kept at a local level.

“Basically what it has done, it has taken away local control for townships, cities and villages,” Sorensen said. “We all have different needs. Some people may welcome a whole township-wide worth of renewable energy, and it may be good for them, but others may not.”

The MPSC has yet to respond publicly to the appeal. However, the commission is set to hold a scheduled meeting Thursday, Nov. 21, will include a public comment session, providing an opportunity for community members to voice their concerns.