By Nick Smith
Gongwer News Service
Multiple industry organizations that support the state’s 2023 renewable energy siting law announced they have in recent weeks filed briefs with the Court of Appeals urging its implementation.
The previously filed appeal and recent amicus curiae briefs state that the Public Service Commission should implement PA 233 of 2023, which would move siting of renewable energy projects to the commission.
Last month four groups supporting the law’s implementation filed a brief requesting oral arguments in the case, Almer Charter Township v. MPSC.
The four groups are the Michigan Energy Innovation Business Council, the Institute for Energy Innovation, the Clean Grid Alliance and Advanced Energy United.
In a Monday news release, the groups said the 2023 law provides for a balanced and efficient process for siting and permitting utility-scale renewable energy projects.
“These briefs demonstrate the broad, widespread support for ensuring that Michiganders can use their land as they wish while stimulating job creation and economic development,” EIBC President Laura Sherman said in a statement. “Streamlining siting and permitting processes is not only critical to Michigan’s ability to be a national leader in the clean energy industry, but also is essential to protecting property rights and supporting local communities.”
The groups also said the law could lead to job growth within the industry and over time lead to positive environmental impacts.
“The Legislature was concerned about local zoning of utility-scale renewable energy projects, including the issues and delays in permitting projects that has taken place prior to Act 233,” the previous brief from the groups argued, adding that other states have taken similar measures in state permitting to meet renewable energy goals. “With that concern in mind, the Legislature enacted Act 233 to create a mechanism for utility-scale projects to be approved under uniform standards, either by the local government or the MPSC.”
Dozens of townships filed an appeal with the Court of Appeals last fall, saying there are procedural and substantive defects in the PSC’s order for implementation of the law. Opponents have also argued that the order was adopted in violation of the Administrative Procedures Act and that it misinterprets key provisions of PA 233 (See Gongwer Michigan Report, November 18, 2024).
In its earlier brief, the groups said the PSC did not exceed its authority but followed the Legislature’s direction to establish application filing requirements by rule or order to maintain consistency between applications.
“It is thus a legitimate exercise of permissive statutory authority from the Legislature that reasonably harmonizes the PSC’s certification process with the processes of local zoning approval by means of appropriate and necessary interpretations of key terms in the statute,” the groups wrote.
Gongwer News Service
Multiple industry organizations that support the state’s 2023 renewable energy siting law announced they have in recent weeks filed briefs with the Court of Appeals urging its implementation.
The previously filed appeal and recent amicus curiae briefs state that the Public Service Commission should implement PA 233 of 2023, which would move siting of renewable energy projects to the commission.
Last month four groups supporting the law’s implementation filed a brief requesting oral arguments in the case, Almer Charter Township v. MPSC.
The four groups are the Michigan Energy Innovation Business Council, the Institute for Energy Innovation, the Clean Grid Alliance and Advanced Energy United.
In a Monday news release, the groups said the 2023 law provides for a balanced and efficient process for siting and permitting utility-scale renewable energy projects.
“These briefs demonstrate the broad, widespread support for ensuring that Michiganders can use their land as they wish while stimulating job creation and economic development,” EIBC President Laura Sherman said in a statement. “Streamlining siting and permitting processes is not only critical to Michigan’s ability to be a national leader in the clean energy industry, but also is essential to protecting property rights and supporting local communities.”
The groups also said the law could lead to job growth within the industry and over time lead to positive environmental impacts.
“The Legislature was concerned about local zoning of utility-scale renewable energy projects, including the issues and delays in permitting projects that has taken place prior to Act 233,” the previous brief from the groups argued, adding that other states have taken similar measures in state permitting to meet renewable energy goals. “With that concern in mind, the Legislature enacted Act 233 to create a mechanism for utility-scale projects to be approved under uniform standards, either by the local government or the MPSC.”
Dozens of townships filed an appeal with the Court of Appeals last fall, saying there are procedural and substantive defects in the PSC’s order for implementation of the law. Opponents have also argued that the order was adopted in violation of the Administrative Procedures Act and that it misinterprets key provisions of PA 233 (See Gongwer Michigan Report, November 18, 2024).
In its earlier brief, the groups said the PSC did not exceed its authority but followed the Legislature’s direction to establish application filing requirements by rule or order to maintain consistency between applications.
“It is thus a legitimate exercise of permissive statutory authority from the Legislature that reasonably harmonizes the PSC’s certification process with the processes of local zoning approval by means of appropriate and necessary interpretations of key terms in the statute,” the groups wrote.
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