Organizations File Cross-Appeal to Ensure 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 – Industry organizations announced the filing last night of a cross-appeal at the Michigan Supreme Court in support of the state’s implementation of the Clean Energy and Jobs Act and key decisions made by the Michigan Court of Appeals. The filing follows an appeal on June 18 by local governments of the Michigan Court of Appeals decision.

In the cross-appeal, the Michigan Energy Innovation Business Council (Michigan EIBC), Institute for Energy Innovation, Clean Grid Alliance, and Advanced Energy United argue that the Court of Appeals correctly upheld the MPSC’s definition of a “Compatible Renewable Energy Ordinance,” providing clarity to landowners, local governments, and developers.  The organizations further ask the court to clarify that only local governments with zoning authority should be involved in zoning decisions.

In addition to materials submitted by the industry organizations, a broad set of business groups, renewable energy advocates, labor organizations, legislators, and local landowners filed amicus curiae briefs at the Court of Appeals 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, bolstering economic growth, and ensuring the State’s ability to meet accelerating energy demand.

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.

Here are responses from the industry organization leaders:

“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 Brett Sproul, Michigan Regulatory Lead for Advanced Energy United. “Following the legislature’s clear will and executing the law as intended promotes in-state investment, creates jobs, and bolsters landowners’ rights in Michigan.”

“Michigan EIBC and our partners filed this cross-appeal to continue to fight for 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 plan 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.”

“Ensuring that the MPSC’s application siting requirements are upheld will provide certainty in the process as the legislature intended, and will allow critical investments in energy infrastructure to move forward in Michigan,” said Elizabeth Wheeler, Senior Counsel and Director, Regulatory Advocacy, Clean Grid Alliance.