The 178-page lawsuit, filed on Nov. 8, asserts that the MPSC is trying to redefine the terms of Public Act 233, which would actually amend the legislation. 

Last November, Whitmer signed Public Act 233, which gave the state authority to oversee utility-scale wind, solar, and energy storage facilities. The law is part of Whitmer’s agenda to have Michigan transition to 100% clean energy by 2040.  

However, opponents to the new rules, which will go into effect on Nov. 29, have said the MPSC will completely thwart zoning regulations set by local governments. The lawsuit takes concern with how the MPSC defines “hybrid facilities,” as it would combine clean energy projects to trigger thresholds requiring state approval.  

“We are deeply concerned that the MPSC’s ruling undermines the democratic process by removing the voices of local residents and local officials in decisions that directly impact their communities,” said Michael Homier, a Foster Swift Collins & Smith attorney who is representing the counties, said in a statement.

Developers first must seek authority from local governments to pursue a project. However, local regulations are on par with state-wide regulations and not more restrictive. If a local regulator denies a developer’s project request, the developer can just go directly to the MPSC for a permit. The MPSC will grant approval for the developer’s project if it deems local regulators unreasonable in their denial.

“Local governments have a long-standing 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,” Homier said.