News Story

Local government coalition sues to stop Public Service Commission siting order

A fight is brewing over control of wind and solar sites

A coalition of 79 townships and counties has sued the Michigan Public Service Commission in the state Court of Appeals, seeking to stop it from overriding local control of large-scale wind and solar energy projects.

The motion for a preliminary injunction, filed Oct. 22, 2024, aims to block an Oct. 10 order. The order, the petition alleges, will usurp local control over large-scale renewable energy projects.

Local governments involved in the coalition want to see the order paused while an appeal against the commission filed Nov. 8 is adjudicated. The conflict between locals and the state developed after Gov. Gretchen Whitmer signed into law Public Act 233 of 2023, which changed the balance of power between state and local governments.

Before PA 233, local governments regulated the scope of renewable energy projects based on community needs and support. The law removed local governments’ power to decide whether to allow large renewable energy sites such as solar fields and wind turbine arrays.

The law firm Foster, Swift, Collins and Smith represents the coalition. “The appeal challenges the MPSC’s order, which attempts to unlawfully strip local governments of their authority to regulate renewable energy projects within their communities,” the firm said in a press release.

“The October 10th MPSC decision overrides local ordinances and zoning regulations, threatening to undermine the ability of municipalities to safeguard their residents and preserve the character of their communities in the face of rapidly expanding renewable energy development,” the press release continued. “The MPSC’s ruling is viewed by many local leaders as a direct encroachment on home rule and an attempt to centralize power at the state level, disregarding the preferences and concerns of local communities.”

Foster, Swift, Collins, and Smith did not respond to an email from Michigan Capitol Confidential. But Michael Homier, chair of the Foster Swift Municipal Practice Group, talked about the issue with Michigan Farm News.

“We are deeply concerned that the MPSC’s ruling undermines the democratic process by removing the voices of local residents and local officials in decisions that directly impact their communities,” Homier said.

Local governments have a longstanding responsibility to ensure that developments align with their unique priorities, Homier told Farm News.

State officials have not lived up to the promises of the law’s backers, a local official told Michigan Capitol Confidential. “Proponents of PA233 repeatedly assured us that local units of government would have a significant voice in the siting of wind, solar and battery energy storage projects if they so choose,” Kevon Martis, a Lenawee County commissioner, told CapCon in an email.

Martis said many townships, including in his own district, took the state at its word and adopted Compatible Renewable Energy Ordinances.

“Now, just weeks before the law takes effect, and without adequate time to make further amendments to local zoning regulations, the MPSC has ripped the rug out from under the local units’ the Democratic legislators assured us they were protecting.”

Matt Helms, public information office at the MPSC, told CapCon in an email that the agency does not comment on pending litigation.

(Editor's note: This article has been updated to clarify that Lenawee County does not have nearly 300 wind turbines.)

Michigan Capitol Confidential is the news source produced by the Mackinac Center for Public Policy. Michigan Capitol Confidential reports with a free-market news perspective.

Analysis

We Wish You a Merry Lame Duck

Lawmakers leave Lansing after a chaotic few weeks

It’s early Christmas morning. The children rush downstairs, expecting Santa’s perfect handiwork, with presents arranged in a semicircle around a well-lit Christmas tree, all wrapped in bright colors and patterns.

Instead, they find a massive pile of jumbled toy parts: Lego blocks, dollhouses, race car tracks, tiny screws and several batteries. Some toys are broken. The games are missing parts. Sorting it all out will take days. Apparently, the elves went on strike, Mrs. Claus forgot to do quality control and Santa decided to leave a mess behind.

This chaotic scene mirrors the Michigan Legislature’s lame-duck session. Democrats, faced with losing the House to Republican control, tried to move hundreds of bills through the last days of session. They left a tangled mess of policy gifts for regulators, lawyers and policy advocates to unravel.

For two years, Gov. Gretchen Whitmer and Michigan Democrats in the Legislature enjoyed trifecta control of state government. But Republicans flipped several House seats in November, and they will take control of the lower chamber in January.

House Speaker Joe Tate, D-Detroit, and Senate Majority Leader Winnie Brinks, D-Grand Rapids, prepared for a vigorous lame-duck session. What they got was something else.

All lawmaking is messy. Contrary to the myth that careful, neutral experts fine-tune legislative language for the common good, the reality is more chaotic. The process of lawmaking often involves a push-and-pull to get votes, with horse-trading and last-minute amendments common features. Like a bad sausage that comes together from a variety of meats, legislation is assembled from many pieces, some less palatable than others. If that’s lawmaking on a normal day, lame duck is even worse, given its time limits and the pressure to take action.

Lame Duck 2024 was particularly chaotic.

The House struggled to keep a quorum. Republicans had left, and Democrats couldn’t afford to lose a single vote from their caucus. Incoming House Speaker Matt Hall, R-Richland Township, demanded action on tipped wages and paid sick leave. Rep. Karen Whitsett, D-Detroit, was the 56th vote required for any legislation to pass. Tate needed her if he wanted to move any bills, but she withheld her vote because her priorities weren’t addressed.

On Dec. 19, Tate invoked a “Call of the House,” directing sergeants-at-arms to round up missing lawmakers. When this tactic failed, the House abruptly adjourned, leaving over 200 Senate-passed bills stranded.

Meanwhile, the Senate capped off its lame-duck session with a record-setting 29-hour marathon, sending dozens of bills to the governor’s desk.

The result is a jumble of poorly vetted bills. Issues with the tipped wage and paid sick leave laws remain unresolved. Whitmer’s desk is now filled with dozens of new bills. These proposals impose more regulations on public charter schools, shift health care costs for public employees onto taxpayers, and offer pension benefits to corrections and conservation employees — another burden for taxpayers. The bills awaiting the governor’s signature also expand regional public transportation systems, change the statute of limitations for some crimes, hike a tax on hotel rooms in the Detroit area and spend more money on failed corporate welfare programs.

Every outgoing majority rushes to pass priority legislation, so the lame-duck tactic itself isn’t new or particularly objectionable. But the pile of broken, incomplete, and haphazardly assembled policy “gifts” left by Michigan’s Legislature will take weeks to understand — and their consequences may be felt for decades.

As Mackinac Center President Joseph G. Lehman is fond of saying, in governance ”there are no permanent victories; there are no permanent losses.” Michigan’s lawmakers can and will reverse some of these bad laws in time.

And that will be a gift.

Michigan Capitol Confidential is the news source produced by the Mackinac Center for Public Policy. Michigan Capitol Confidential reports with a free-market news perspective.