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Montcalm County adopts resolution backing appeal to restore local control over large renewable projects
Summary
After public comment, the Montcalm County Board of Commissioners voted 5-1 to adopt Resolution 2024-15 supporting local control and joining an appeal of the Michigan Public Service Commission order implementing PA 233 of 2023.
The Montcalm County Board of Commissioners voted to adopt Resolution 2024-15 on Monday, Dec. 16, 2024, formally expressing support for local control and a claim of appeal against an order by the Michigan Public Service Commission regarding siting of large renewable energy projects.
The resolution asks the courts to review the MPSC order implementing Public Act 233 of 2023, saying that the county and a coalition of municipalities view the commission’s interpretation as an unlawful expansion of its authority. The board took the action after public comment from residents and review of materials provided by local advocates.
Why it matters: supporters said the MPSC order could limit municipalities’ ability to use zoning and local ordinances to manage large wind, solar and energy storage projects. Opponents on the board warned about the cost of litigation and that legal fights often benefit lawyers more than local governments.
During the public-comment period, Pam Hemmas of Summit Township read a press release from Foster Swift Collins & Smith, PC that the board had been provided. Hemmas read a passage quoting the coalition’s statement: “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.” Leslie Bridal of Pine Township told the board she had prepared an edited draft and packet for the county and asked the board to consider joining the appeal even though application deadlines had passed for some coalition deadlines.
Commissioners debated whether the county had been given adequate notice and whether joining the appeal would be an appropriate use of county resources. Commissioner Baker voiced skepticism about big lawsuits, saying the legal industry benefits; Commissioner Carr argued the order would allow top-down development and diminish local input.
After discussion, the board recorded a roll-call vote on the resolution. Commissioners voted as follows: Johnston — yes; Mehar (vice chair) — yes; Painter — yes; Peterson — yes; Baker — no; Carr — yes. The motion carried.
The board did not specify any funding appropriation in the resolution to join litigation. The resolution states the county supports restoring local authority over renewable-energy siting decisions and cites PA 233 of 2023 and administrative procedure concerns as the basis for joining the appeal.
The Greenville Daily News and other local outlets have followed the underlying MPSC case; residents at the meeting said they wanted the board to preserve local zoning authority. The board’s action is one step toward local governments asking a court to review the commission’s October 2024 order.
