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Sanilac County authorizes legal challenge to MPSC rules implementing Public Act 233
Summary
The board approved an engagement letter with Foster Swift to challenge Michigan Public Service Commission rules under Public Act 233, citing concerns that the law and the commission's rules limit local zoning and intervener funding; administrator authorized to sign engagement.
The Sanilac County Board of Commissioners approved an engagement letter with law firm Foster Swift on Nov. 5, authorizing the firm to pursue an appeal or other legal action challenging the Michigan Public Service Commission’s Oct. 10, 2024 order implementing Public Act 233.
The chair told the board the county objects to the statute and rules because they "take more authority away from townships, cities, villages, and counties when it comes to wind and solar development issues," and argued the county should be able to access intervener funding when projects impose burdens on county services. The board voted to approve the 10/28/2024 engagement letter and authorized Administrator Nathan Roski to sign it on the county’s behalf.
The chair said the county expects other townships and counties to join a coordinated challenge to share costs; he noted an administrative threshold of roughly $10,000 as the county’s limit and said any spending above that would return to the full board for discussion. The record does not list anticipated total litigation costs or a firm commitment from other jurisdictions.
