Renewable energy development in Michigan's St. Clair County has recently been facing pushback from county officials, who reportedly attempted to use health code laws to regulate solar energy plants. A judge ruled against their efforts — but the decision underscores growing tensions across the U.S. over clean energy projects.

What's happening?

In November 2023, Michigan passed Public Act 233 to help the state move forward with clean energy projects in support of its overall green transition goals. The legislation came in response to local communities pushing back against solar energy developments. 

However, St. Clair County officials recently attempted to limit solar facilities using health code laws — essentially regulating the plants' visibility, noise, and decommissioning standards. According to the Port Huron Times Herald, a judge overturned these attempts in a lawsuit brought forward by DTE Energy and Portside Solar, which alleged the county was overreaching and trying to circumvent Public Act 233.

"The Regulation intentionally mirrors and acts like a typical zoning ordinance, and is a de facto zoning ordinance invalid under state law," Portside wrote in its own brief.

Judge Michael West agreed with the plaintiffs, but West also said the issue would likely end up in a higher court due to similar cases emerging in other counties across Michigan.

Why is this decision important?

In 2020, Michigan established Executive Directive 2020-10, with the goal of becoming "carbon-neutral" by 2050. The aim is to reduce the state's dependence on coal and oil, which it sources out-of-state to the tune of billions of dollars a year, as well as to develop cleaner, renewable energy sources such as solar power in the state, which the directive argues will create jobs and benefit residents in many other ways.

Coal and oil are linked to pollution that worsens public health and contributes to rising global temperatures. Building more renewable energy sources such as wind and solar plants will help reduce that pollution. Despite some residents' and local governments' pushback against renewable energy in their communities, one national survey showed that the majority of those within a few miles of solar plants view them positively.

West's decision drew a line in the sand on how far local officials can go to prevent companies from developing energy alternatives such as solar facilities, which are already supported by the state's Public Act 233.

What can I do to support clean energy?

Individuals can support the clean energy transition by exploring critical climate issues in their areas and voting for pro-climate candidates. Homeowners can also lock in their own energy savings by installing solar panels — this Solar Explorer makes it easy to connect with local installers and save up to $10,000 on installation.

Unplugging energy vampires such as seldom-used kitchen appliances can also help homeowners save money on their energy bills while lowering their household's overall carbon footprint.

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