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S County board authorizes legal challenge to Michigan Public Service Commission order on Public Act 233
Summary
The S County Board of Commissioners voted Nov. 5 to hire Foster Swift to appeal the Michigan Public Service Commission’s Oct. 10 order implementing Public Act 233, citing unclear statutory language and concerns about lost local authority; an engagement letter and authorization for the county administrator to sign were approved.
The S County Board of Commissioners on Nov. 5 approved an engagement letter authorizing the law firm Foster Swift to appeal the Michigan Public Service Commission’s Oct. 10, 2024 order interpreting Public Act 233.
Board chair John Black told commissioners the county and several townships have raised concerns that the statute and the commission’s subsequent rules reduce local control over wind and solar development. "This Public Act 233 was developed to create rules for the Michigan Public Service Commission to take more authority away from townships, cities, villages and counties when it comes to wind and solar development," Black said, adding the law was "hastily drafted and lacked some context that's desperately needed."
The motion, moved by Commissioner Ballard and supported by Commissioner Heberling, authorizes Administrative Controller Nathan Rosy to sign the Oct. 28, 2024 engagement letter with Foster Swift and directs the firm to take "appropriate legal action" on behalf of the county. Black said the county anticipates shared costs with other municipalities and estimated the benchmark maximum cost at $110,000, noting any spending above that would be returned to the full board for approval.
Black argued that the county should be eligible for intervener funding and other resources when projects impose burdens on county services, including the drain commissioner and building department. "If there's any opportunities for the county to partake in funds that are there to assist us with that, we certainly deserve those opportunities," he said.
The board approved the engagement by voice vote with no recorded roll-call tally on the floor. The authorization concludes the board’s new-business consideration of the item; county staff said they will provide updates to the board as litigation proceeds and as costs are incurred.
What’s next: Administrator Nathan Rosy is authorized to execute the engagement letter; the board will receive periodic updates and must approve any expenditures beyond the stated benchmark.
