By Greg Chandler
Zeeland Record
An administrative law judge is expected to rule today on whether at least 16 potential intervenors will be allowed to speak out before the Michigan Public Service Commission on the proposed $330 million Silver Maple solar project.
Meanwhile, a legal firm that is challenging the interpretation of the Michigan law that allows companies to seek approval of large-scale renewable energy projects through the state instead of through local communities has agreed to represent nearly 30 project opponents before the MPSC.
RWE, the developer of the Silver Maple project, filed an “omnibus opposition to permissive petitions to intervene” motion earlier this month against potential intervenors who do not own property in or adjacent to the area of the Silver Maple project. In her reply to the challenged intervenors, RWE attorney Salina Hamilton called on Administrative Law Judge James Varchetti to deny those petitioners’ participation in the MPSC process, writing that they “have offered no basis to allow their intervention in this matter.”
“The Permissive Petitioners have not alleged interests that are sufficiently unique to support a finding that those interests are not already adequately represented by the more than 20 Intervenors of Right, the Townships, and the MPSC Staff,” Hamilton wrote. “Moreover, even if a limited number of those interests are somehow found to be unique to any degree, judicial efficiency still weighs strongly against allowing permissive intervention here given the number of participants already in this contested case.”
The challenged intervenors said they offered a perspective on the Silver Maple project that other intervenors might not.
Varchetti on June 4 granted petitions to intervene by Zeeland and Jamestown townships, as well as petitions from more than 20 property owners who are within the project area.
Many of the individual property owners who have filed petitions to intervene, both those who have been approved and those that have been challenged, are now being represented by Foster Swift, a Lansing-based law firm who recently argued a case before the Michigan Court of Appeals on Public Act 233. Twenty-eight individuals are now being represented by Foster Swift, as well as Ottawa Executive Airport, according to the case docket.
“We are so thankful that we have been able to retain Foster (Swift) to represent community members as individual intervenors in the fight against the state application,” said Christi Meppelink, one of the potential intervenors whose participation is being challenged by RWE. “With their extensive background in fighting PA 233 as well as being the attorney on multiple solar fights all around the state, we are grateful for the help of the community to be able to take this step forward.”
Foster Swift is representing 79 local townships and counties in their suit against the MPSC, saying it went through improper channels to carry out PA 233. The firm that argued that developers of utility-scale wind, solar and energy storage projects may go to the MPSC, but only if those local governments have not already adopted a compatible renewable energy ordinance that meets the minimum standards set by the Legislature under PA 233. It argued that a municipality with a valid CREO retains its zoning authority and its right to regulate the siting of such facilities within its borders.
Foster Swift further alleges the MPSC changed the rules of the game, issuing an order in October 2024 claiming a local ordinance may contain only the specific setback, fencing, height and sound standards.
“Under this interpretation, local governments with CREOs cannot require a special land use permit, cannot conduct a public hearing at developer expense, cannot require a decommissioning plan or a fire response plan, cannot limit the zoning districts in which facilities are permitted, and cannot charge an application fee or escrow covering the costs of review,” Foster Swift said in a news release issued Monday.
The appellate court in May ruled in favor of the MPSC, although justices ruled that local governments could be given 30 days after meeting with developers to start the local approval process - the MPSC had argued in favor of a 30-day clock starting when developers offer to meet with a local government. Foster Swift announced Monday it would challenge the appellate court ruling before the Michigan Supreme Court.
Many of the property owners now being represented by Foster Swift had called on Zeeland Township earlier this spring to have that firm represent the township before the MPSC, citing the appeals court case. But the township had already retained the firm Bloom Sluggett to assist the township in developing a renewable energy ordinance and to serve as its legal representative in contesting Silver Maple.
Foster Swift attorneys Keith Brown, Michael Homier and Laura Genovich submitted their appearances in the Silver Maple case June 15, according to the case docket.
A fundraising breakfast was held Saturday morning at Ottawa Executive Airport to raise funds to cover legal costs to be incurred by the property owners that are being represented by Foster Swift. More than 400 people attended the breakfast, which raised more than $11,000 toward those legal expenses, Meppelink said.
Zeeland Record
An administrative law judge is expected to rule today on whether at least 16 potential intervenors will be allowed to speak out before the Michigan Public Service Commission on the proposed $330 million Silver Maple solar project.
Meanwhile, a legal firm that is challenging the interpretation of the Michigan law that allows companies to seek approval of large-scale renewable energy projects through the state instead of through local communities has agreed to represent nearly 30 project opponents before the MPSC.
RWE, the developer of the Silver Maple project, filed an “omnibus opposition to permissive petitions to intervene” motion earlier this month against potential intervenors who do not own property in or adjacent to the area of the Silver Maple project. In her reply to the challenged intervenors, RWE attorney Salina Hamilton called on Administrative Law Judge James Varchetti to deny those petitioners’ participation in the MPSC process, writing that they “have offered no basis to allow their intervention in this matter.”
“The Permissive Petitioners have not alleged interests that are sufficiently unique to support a finding that those interests are not already adequately represented by the more than 20 Intervenors of Right, the Townships, and the MPSC Staff,” Hamilton wrote. “Moreover, even if a limited number of those interests are somehow found to be unique to any degree, judicial efficiency still weighs strongly against allowing permissive intervention here given the number of participants already in this contested case.”
The challenged intervenors said they offered a perspective on the Silver Maple project that other intervenors might not.
Varchetti on June 4 granted petitions to intervene by Zeeland and Jamestown townships, as well as petitions from more than 20 property owners who are within the project area.
Many of the individual property owners who have filed petitions to intervene, both those who have been approved and those that have been challenged, are now being represented by Foster Swift, a Lansing-based law firm who recently argued a case before the Michigan Court of Appeals on Public Act 233. Twenty-eight individuals are now being represented by Foster Swift, as well as Ottawa Executive Airport, according to the case docket.
“We are so thankful that we have been able to retain Foster (Swift) to represent community members as individual intervenors in the fight against the state application,” said Christi Meppelink, one of the potential intervenors whose participation is being challenged by RWE. “With their extensive background in fighting PA 233 as well as being the attorney on multiple solar fights all around the state, we are grateful for the help of the community to be able to take this step forward.”
Foster Swift is representing 79 local townships and counties in their suit against the MPSC, saying it went through improper channels to carry out PA 233. The firm that argued that developers of utility-scale wind, solar and energy storage projects may go to the MPSC, but only if those local governments have not already adopted a compatible renewable energy ordinance that meets the minimum standards set by the Legislature under PA 233. It argued that a municipality with a valid CREO retains its zoning authority and its right to regulate the siting of such facilities within its borders.
Foster Swift further alleges the MPSC changed the rules of the game, issuing an order in October 2024 claiming a local ordinance may contain only the specific setback, fencing, height and sound standards.
“Under this interpretation, local governments with CREOs cannot require a special land use permit, cannot conduct a public hearing at developer expense, cannot require a decommissioning plan or a fire response plan, cannot limit the zoning districts in which facilities are permitted, and cannot charge an application fee or escrow covering the costs of review,” Foster Swift said in a news release issued Monday.
The appellate court in May ruled in favor of the MPSC, although justices ruled that local governments could be given 30 days after meeting with developers to start the local approval process - the MPSC had argued in favor of a 30-day clock starting when developers offer to meet with a local government. Foster Swift announced Monday it would challenge the appellate court ruling before the Michigan Supreme Court.
Many of the property owners now being represented by Foster Swift had called on Zeeland Township earlier this spring to have that firm represent the township before the MPSC, citing the appeals court case. But the township had already retained the firm Bloom Sluggett to assist the township in developing a renewable energy ordinance and to serve as its legal representative in contesting Silver Maple.
Foster Swift attorneys Keith Brown, Michael Homier and Laura Genovich submitted their appearances in the Silver Maple case June 15, according to the case docket.
A fundraising breakfast was held Saturday morning at Ottawa Executive Airport to raise funds to cover legal costs to be incurred by the property owners that are being represented by Foster Swift. More than 400 people attended the breakfast, which raised more than $11,000 toward those legal expenses, Meppelink said.
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