Advisory board urges appeal after court voids St. Clair County solar regulations

The St. Clair County Advisory Board of Health on Thursday recommended that the Board of Commissioners ask county attorneys to appeal a court order that rendered the county’s solar energy and battery storage regulations null and void.

Dr. Nevin, the county medical director, told the board that the judge’s ruling appeared to rest on statutory and procedural grounds rather than on the public-health evidence the department presented. He said he observed concessions in court indicating the regulations have public-health merit.

"This was purely on legal statutory matters," Dr. Nevin said, adding that "the public health merits of our regulations were never at issue at this stage." He urged the board to recommend an appeal to preserve local authority and eventual public-health protections.

Board members voiced concerns about the pace and scale of industrial solar development raised by several members of the public during the meeting. After discussion, a motion to recommend that the county appeal the decision was made and seconded; a roll call recorded all seven members present voting in favor (Clink, Richards, Smith, Hayes, Bulk, Standout and Urban).

The advisory board’s recommendation asks the Board of Commissioners to direct county legal staff to pursue an appeal. The motion passed 7-0.

The advisory board’s action is advisory; the Board of Commissioners will consider the recommendation at its scheduled meeting.