Court of Appeals Ensures Michigan Public Service Commission Can Continue to Implement Clean Energy and Jobs Act

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Court of Appeals Ensures Michigan Public Service Commission Can Continue to Implement Clean Energy and Jobs Act

PA 233 creates a fair statewide siting and permitting process for renewable energy and energy storage projects

Lansing, MI - The Michigan Court of Appeals ruled today in support of key parts of the state's implementation of the Clean Energy and Jobs Act. The decision follows April 15 oral arguments in which the Michigan Public Service Commission (MPSC) defended its ability to implement the siting and permitting provisions of Public Act 233 (PA 233) and pointed to the clear intent of the legislature and the governor in passing and signing the measure.

As intervening parties in the case, the Michigan Energy Innovation Business Council (Michigan EIBC), Institute for Energy Innovation, Clean Grid Alliance, and Advanced Energy United also participated in oral arguments, pointing specifically to the importance of PA 233 in providing legal certainty and stability for developers, investors, and communities by having a path to obtaining a permit.

In addition to materials submitted by the trade organizations, a broad set of business groups, renewable energy advocates, labor organizations, legislators, and local landowners filed amicus curiae brief petitions in support of the Commission's actions to fully implement the permitting process established under PA 233. This law plays a crucial role in advancing Michigan's clean energy future, ability to meet accelerating energy demand, and economic growth.

PA 233 strikes a careful balance between landowner rights and thorough project review. It ensures farmers can use their own land for wind and solar generation and energy storage, helping support their families, while requiring these projects to be carefully examined before permission is granted. The law was designed to create a statewide, fair siting and permitting process for renewable energy projects, creating a clear, predictable framework that ensures policies are consistent across the state, with the goal of attracting significant business investment, creating jobs, and positioning Michigan as a national leader in the clean energy sector.

Most importantly, the Court today upheld the MPSC's authority to implement PA 233. It also upheld the MPSC's definition of a "Compatible Renewable Energy Ordinance," providing clarity to landowners, local governments, and developers.

Here are responses from the industry organization leaders:

"The Court of Appeals affirmed the ability for Michiganders to use their land as they wish while stimulating job creation and economic development," said Dr. Laura Sherman, President of Michigan Energy Innovation Business Council and Institute for Energy Innovation. "We expect to remain engaged in this legal process to ensure that Michigan remains a national leader in the clean energy industry, while protecting property rights and supporting local communities."

"The passage of PA 233 demonstrated the state's intent to remain a top destination for investment and innovation in wind, solar, and battery storage projects while protecting landowner rights and infusing much-needed revenue into communities," said Elizabeth Wheeler, Senior Counsel and Director, Regulatory Advocacy, Clean Grid Alliance. "The Court's ruling allows Michigan to move forward on this commitment."

"Upholding the MPSC's siting and permitting authority through the Clean Energy and Jobs Act is critical to ensuring Michigan can meet its growing energy needs with more affordable in-state generation," said John Albers, Regulatory Director for Advanced Energy United. "Following the legislature's clear will and executing the law as intended promotes investment and creates jobs in Michigan, as well as bolsters landowner rights."

"PA 233 positions Michigan to compete for new energy investment at a time when demand for electricity is rising at historic levels," said Erika Kowall, Director of Midwest State Affairs for the American Clean Power Association. "A more predictable siting supports faster deployment of new generation, strengthens grid reliability, and helps keep costs low for families and businesses."

The American Clean Power Association (ACP) is the leading voice of today's clean energy industry, representing utility-scale energy storage, wind, solar, and transmission companies. ACP is committed to meeting America's energy and national security goals and building our economy with fast-growing, low-cost, and reliable domestic power.

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