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Community Opposition Emerges Against Solar Energy Plant in Hayes Township

Residents of Hayes Township in Otsego County have taken legal action to halt the development of a proposed solar energy facility, contending that the county has not adhered to recent modifications in Michigan’s clean energy zoning regulations.

In a significant legislative move, Michigan Democrats enacted a series of clean energy laws in 2023. These laws mandate that energy companies achieve a 100% clean energy benchmark by 2040 and empower the state’s energy regulator to authorize large-scale renewable and battery storage projects—a responsibility that was previously under local control.

The new legislation, effective from November 29, 2024, obligates developers to negotiate with municipalities whose permitting protocols conform to the revised standards. They have a 120-day window to reach an agreement, with the possibility of a 120-day extension.

If a municipality does not take action on the application within the specified time frame, imposes zoning standards that are stricter than the health and safety guidelines specified in the law, or outright denies an application that complies with statutory standards, the developer can then seek permission from the Michigan Public Service Commission (MPSC), which oversees the state’s energy utilities.

The complaint asserts that Otsego County has failed to implement a renewable energy ordinance that aligns with the new state law. The complainants argue that since the exemptions allowing an application submission to MPSC do not apply, the project’s developer, RWE Solar Development LLC, is unable to proceed with the construction of its “45th Parallel Solar” initiative until all permit disputes are settled.

The project attracted significant controversy earlier this year, with opposition stemming from a coalition of 50 Republican representatives and Democratic State Rep. Karen Whitsett regarding a proposed lease of over 420 acres of land managed by the Michigan Department of Natural Resources for the project.

Contrary to the backlash, Patricia Kakridas, senior manager for media and public relations at RWE Clean Energy, clarified that the solar project would utilize land rented from two private owners, not from state land. She emphasized that the decision to refrain from leasing state property was not recent, asserting, “We did not just make that determination. We started working with two private landowners in 2019…Ultimately, we decided to move forward with leasing property from the two private landowners for this particular project.”

David Delaney, the legal representative for the plaintiffs opposing the project, noted that the complainants include individuals living adjacent to the solar site, as well as other residents of Otsego County who expect compliance with the new state regulations. He anticipates that additional residents may join the legal challenge.

The complaint not only contests the project’s permit but also raises questions regarding the state law itself, describing its criteria for “dark sky-friendly lighting solutions” as excessively vague and calling the prohibition against localities enacting stricter zoning standards an overreach of state legislative power.

Moreover, the plaintiffs allege that the zoning law infringes upon both the U.S. Constitution and the Michigan constitution, referencing a recent order from the MPSC which they claim alters the definitions and processes stipulated in the state law.

“[The law] confers broad sweeping authority to the MPSC without providing standards to limit the scope of that authority, granting them indefinite powers,” the complaint articulates, requesting that both the law and the MPSC’s order be declared unconstitutional.

Delaney explained, “The Michigan Public Service Commission operates within the executive branch, and the order from 2024 appears to reinterpret Act 233 legislation, which is typically the province of the legislative branch.” He criticized the MPSC’s adjustments that allow localities to maintain their own zoning ordinances, as this is not accommodated under the current state law.

While nearly 80 municipalities have initiated legal challenges against the MPSC’s order, Delaney expressed that his clients’ grievances are more direct, emphasizing the need for clarity and resolution on the foundational law rather than navigating around procedural orders.

In response to inquiries from the Michigan Advance, Kakridas mentioned that RWE opts not to comment on ongoing litigation, but reaffirmed the company’s commitment to delivering clean energy and significant economic advantages to Otsego County through the 45th Parallel project.

Attempts to reach Otsego County Administrator Matt Barresi for comments on the situation were unsuccessful.

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www.renewableenergyworld.com