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Appeals court upholds key pieces of state permitting for big wind, solar projects
The ruling lets state regulators keep most permitting rules for wind, solar and battery projects while narrowing two provisions that had limited local authority.
On Thursday, the Michigan Court of Appeals upheld the bulk of state regulations for renewable energy projects, rejecting challenges to the 2023 law that allows the Michigan Public Service Commission to override local objections.
Passed along party lines in 2023, Public Act 233 sought to accelerate renewable energy development, prompting dozens of local communities to sue over concerns that state Commission rules undermined local control.
The three-judge panel sided with local governments on two points: the definition of an 'affected local unit' and the Commission's interpretation of the 30-day clock for local approval processes.
Commission spokesperson Matt Helms said the decision 'largely affirms the Commission's approach,' while Michigan Energy Innovation Business Council President Laura Sherman celebrated the ruling for affirming land-use rights and economic development.
Calling the ruling a 'mixed bag,' Attorney Michael Homier noted he is pleased with parts favoring his clients but disappointed the court did not apply the same reasoning to other arguments.