Over 70 Michigan townships and counties are taking a stand in court, saying the state is overstepping its authority on renewable energy permits.
These 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 under the new law.
Attorney Michael Homier said the commission initially promised input from local communities, but changed the process through an order.
"My clients, you know, frankly find it insulting," said Homier. "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 new law went into effect on November 29. A spokesperson for the MPSC said the agency will implement the legislation as the court reviews the case.
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 said this is a big issue.
"You can't just change those definitions because you want it some other way," said Homier. "That's not how it works. Only the legislature can amend it."
Michigan aims for 100% clean energy by 2040, with 2023 legislation requiring 80% from clean sources and 60% from renewables by 2035 - something Homier stressed that he's not against.
"Nobody wants to stop clean energy, at least I don't," said Homier. "None of my clients do. But, they do have a say in where it should be located and what adverse impacts might be caused by it."
Since filing the appeal on November 8, and an amended version on November 12 - adding more municipalities, Homier said about a dozen others have contacted him wanting to join the fight.
