Appeals court issues split ruling in Michigan solar permitting suit – Image for illustrative purposes only (Image credits: Pixabay)
The Michigan Court of Appeals delivered a split ruling on Thursday that preserves most of the state’s framework for approving large wind, solar and battery projects. The three-judge panel found that regulators followed required procedures when implementing a 2023 law designed to accelerate renewable energy development. At the same time, the court identified limited areas where the Michigan Public Service Commission had narrowed local authority beyond what the statute allowed.
Origins of the 2023 Law and Subsequent Lawsuit
Public Act 233 passed the Michigan Legislature along party lines in 2023. Democratic majorities sought to reduce delays that had stalled renewable projects because of local resistance to proposed wind and solar arrays. The statute lets the Public Service Commission take jurisdiction over sizable facilities when local governments lack a compatible renewable energy ordinance that meets statewide standards for noise, setbacks and other requirements.
After the commission adopted detailed rules in 2024, dozens of townships and cities filed suit. They argued that the regulations exceeded the law’s scope and improperly restricted local control. The case reached the Court of Appeals after lower-court proceedings, setting up Thursday’s decision on the core legal questions.
The Panel’s Split Findings on Procedure and Scope
The court upheld the commission’s overall approach to rulemaking and its authority to set uniform standards. Judges Christopher Murray, Michael Gadola and Michael Kelly concluded that state officials had followed proper legal steps when translating the 2023 statute into enforceable rules. They also rejected several broader challenges raised by the local governments.
However, the panel agreed with the communities on two narrower points. It determined that the commission had interpreted certain provisions in ways that went beyond the statute and unduly limited local power. The decision leaves those specific provisions open to further review or adjustment.
Key elements of the ruling
- State rulemaking process upheld in full
- Core standards for noise, setbacks and siting affirmed
- Two limited interpretations found to exceed statutory authority
- Most pending project reviews can proceed under existing framework
Reactions from Regulators, Communities and Advocates
State officials viewed the outcome as largely favorable. “While the Commission continues to review the impact of specific findings of the Court’s decision on cases before us, today’s decision largely affirms the Commission’s approach and allows for continued and timely implementation of the law,” said Matt Helms, spokesperson for the Public Service Commission.
Attorney Michael Homier, who represented the local communities, described the result as a mixed bag. He welcomed the portions that favored his clients yet expressed disappointment that the court did not extend the same reasoning to all of their arguments. Renewable energy supporters also welcomed the decision. Laura Sherman, president of the Michigan Energy Innovation Business Council, said the ruling affirmed residents’ ability to use their land as they wish while supporting job creation and economic development.
Practical Effects on Pending Projects and Future Development
It remains unclear exactly how the split ruling will alter the status of multiple renewable proposals now awaiting state review. The commission has indicated it will examine the decision’s specific findings before moving forward on those applications. Local governments retain the option to adopt compatible ordinances that preserve some oversight while meeting the new statewide benchmarks.
The ruling provides regulatory clarity that developers and state planners can use to advance projects already in the pipeline. At the same time, the two areas where the court sided with local plaintiffs may prompt modest revisions to commission guidance. Michigan’s broader transition toward expanded renewable capacity continues under the framework the appeals panel has largely sustained.