MI communities appealing new state rules on clean energy projects

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More than 70 Michigan townships and counties are taking a stand in court, saying the state is overstepping its authority on renewable energy permits.

The municipalities have appealed to the state Court of Appeals on Michigan’s new clean energy law. They argue it takes away local control over zoning and permits for renewable projects. They say the authority goes to the Michigan Public Service Commission, or MPSC, under the new law.

Attorney Michael Homier says the commission initially promised input from local communities, but changed the process through an order.

My clients, frankly, find it insulting,” Homier said. “This is about local control and the constant erosion of local control when the state and some bureaucratic agency thinks they know better, and they don’t.”

The municipalities claim the order from the MPSC also improperly redefines key terms, creates unlawful processes and contradicts clear legislative intent, violating the Administrative Procedures Act. Homier says this is a big issue.

Since filing the appeal on November 8, and an amended version on November 12 adding more municipalities, Homier says about a dozen others have contacted him wanting to join the fight.