Dickinson joins suit challenging renewable energy siting
IRON MOUNTAIN — Dickinson County will join more than 70 other local governments in a lawsuit that challenges Michigan Public Service Commission rules for the siting of renewable energy projects.
Foster Swift Collins & Smith PC of Lansing is representing townships and counties who say an Oct. 10 MPSC order tries to unlawfully strip them of their authority to regulate projects within their communities. In a news release Friday, Foster Swift said the appeal seeks to restore local authority over renewable energy siting decisions promised by the legislature when it adopted Public Act 233 a year ago.
“Local municipalities, many of which have spent the last year developing and enforcing regulations aimed at balancing renewable energy development with PA 233 and community interests, now fear that the MPSC’s decision could pave the way for unrestrained, top-down development that lacks appropriate community input or safeguards,” the news release states.
MPSC on Oct. 10 adopted application instructions and procedures that electric providers and independent power producers must use when seeking the commission’s approval for siting projects under Public Act 233. The law, which takes effect Nov. 29, sets statewide standards for solar projects of 50 megawatts or greater, wind facilities with 100 megawatts or more, and energy storage facilities with a capacity of 50 megawatts or more.
According to MPSC, the siting process must originate at the local level in most instances. The commission, however, can consider applications if a local government has denied or failed to act on an application, of if it has added provisions more restrictive than state law while an application is pending.
Supporters of the siting law say it’s needed because resistance to large wind and solar arrays is hurting the state’s transition to renewable energy.
Foster Swift contends MPSC’s Oct. 10 order violates both state law and constitutional principles of local governance.
“Local governments have a longstanding responsibility to ensure that developments align with their unique priorities, and this decision threatens to leave them powerless in the face of large-scale renewable energy projects,” said Michael Homier, chair of the Foster Swift Municipal Practice Group.
After Public Act 233 was signed into law by Gov. Gretchen Whitmer last year, Dickinson commissioners joined the Michigan Association of Counties and the Michigan Townships Association in opposing its siting provisions.
Under the law, a local unit of government can adopt a “compatible renewable energy ordinance,” but it cannot be more restrictive than what’s prescribed by the state. A siting application can be denied locally, but MPSC can override that decision if it finds the denial was unreasonable.
Dickinson County Controller Brian Bousley said the cost to the county for the Foster Swift lawsuit is expected to be less than $10,000. Commissioners didn’t discuss the action during their regular county board meeting Monday night at the courthouse. The board signed on with Foster Swift during a meeting Monday morning in the correctional center conference room. The main purpose of that session was to review senior millage budget requests.
In February, the county board voted 4-1 in support of a statewide ballot initiative aimed at reversing Public Act 233. Citizens for Local Choice wanted to return zoning control for utility-scale wind and solar projects back to local governments, but its petition effort failed to get enough signatures to make the November ballot. Commissioner John Degenaer Jr., who had suggested working within the law, cast the dissenting vote.
In other action Monday, the county board:
— Acknowledged Veterans Day with a number of personal observations, including Commissioner Joe Stevens saying he’s glad to see service women increasingly recognized and Degenaer thanking all veterans and expressing his pride in a granddaughter serving in the Air Force.
— Appointed Gary Sparpana to a four-year term on the Veterans Service Office Board.
— Approved a request from Lake Antoine Park Partners to host Kites Over Awesome Lake Antoine at Lake Antoine Park on Jan. 10-12.