The 178 pages trialfiled Nov. 8, claims the MPSC is attempting to redefine the terms of Public Law 233, which would actually change the legislation.

Last November, Whitmer signed Public Law 233, which gives the state authority to oversee large-scale wind, solar and energy storage installations. The law is part of Whitmer’s agenda to transition Michigan to 100% clean energy by 2040.

However, opponents of the new rules, which take effect Nov. 29, said the MPSC would completely thwart zoning regulations set by local governments. The lawsuit raises concerns about how the MPSC defines “hybrid facilities” because they would combine clean energy projects to trigger thresholds requiring state approval.

“We are deeply concerned that the MPSC’s decision undermines the democratic process by suppressing the voice of local residents and local officials in decisions that directly impact their communities,” said Michael Homier, Foster’s attorney. Swift Collins & Smith who represents the counties. In a declaration.

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Developers must first seek permission from local governments to proceed with a project. However, local regulations are comparable to national regulations and are not more restrictive. If a local regulator denies a developer’s project application, the developer can simply go directly to the MPSC for a permit. The MPSC will grant approval to the developer’s project if it deems local regulators unreasonable in their refusal.

“Local governments have long had a responsibility to ensure developments fit their unique priorities, and this move threatens to leave them powerless in the face of large-scale renewable energy projects,” Homier said.

Correction: An earlier version of this story said the lawsuit was filed by 75 counties. It was filed by 72 cantons and 6 counties.