State authority over siting renewable projects in place, for now

November 29, 2024

Despite a new law that just went into effect on Friday, the fight for local control of siting renewable energy projects might not be over.

Earlier this year, the majority Democratic Legislature passed a law giving the Michigan Public Service Commission final authority in siting large solar or wind energy projects. The lawmakers were concerned about meeting goals to fight climate change.

For the moment, that’s the law. But some townships and counties have a legal challenge before the court.

Additionally, a group, Citizens for Local Choice, that failed to get an initiative on the ballot this year that would keep siting authority with local governments, says it will try again in 2026.

It all comes down to two issues: 1) The “not in my backyard” resistance; 2) local governments that don’t like the state taking over something they feel is a local issue.

Residents who live in rural areas sometimes feel that solar panels and wind turbines will ruin the rural character of their area. Ironically, some of those areas are dotted with oil and gas wells.

The other issue is one that local governments have fought before. Through the decades, the state has centralized some aspects of government, e.g. sales taxes, emergency management takeovers. There has been movement to take away local authority on siting gravel and sand mining operations. Loss of another aspect of local authority stings. 

The Michigan Public Service Commission’s position is that it already has siting authority for oil and gas wells and renewable energy projects are no different.

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