On October 10, 2024, the Michigan Public Service Commission (MPSC) wrote an Order reflecting its interpretation of Public Act 233, a law that addresses the siting of renewable energy companies. Within the order, the MPSC outlined an application process that allows such companies to bypass townships that don’t produce a workable energy ordinance.
With the threat of being bypassed, Planning Commissions in Ottawa County have been in the hot seat as they balance writing compatible ordinances with protecting their communities from the drain on their natural resources, the potential danger of the products, and the reality that the land in question might never again be used for agriculture.
Residents across Michigan have been speaking up at meetings, encouraging boards to fight the Order. Many municipalities, with the backing of their communities, have taken a stand with legal representation.
According to a November press release, Foster Swift Collins & Smith, P.C., is representing 70+ municipalities in an appeal against the MPSC, asserting that the MPSC unlawfully rewrote and restricted PA 233, and that the Order attempts to unlawfully strip local government of their authority.
"We are deeply concerned that the MPSC’s ruling undermines the democratic process by removing the voices of local residents and local officials in decisions that directly impact their communities," said Michael Homier, Chair of the Foster Swift Municipal Practice Group. "Local governments have a longstanding responsibility to ensure that developments align with their unique priorities, and this decision threatens to leave them powerless in the face of large-scale renewable energy projects."
The Michigan Court of Appeals will hear oral arguments on Wednesday, April 16, 2026, at 10 am in Detroit. There will be a panel of three judges including Judges Michael Gadola, Christopher Murray and Michael Kelly. For those unable to attend in person, a recording can be viewed the following day.
Foster Swift’s complete argument can be found here, but the main points are as follows:
• The Order unlawfully and unreasonably redefines “compatible renewable energy ordinance” and “affected local unit” and creates a new category of “hybrid facilities.”
• The Order unlawfully modifies statutory timelines.
• The Order as a whole is unlawful and unreasonable because it is not authorized by PA 233.
• The Order is unlawful because it is a rule not adopted in compliance with the Administrative Procedures Act, MCL 24.201 et seq.
The argument concludes with the request for the Court to vacate the MPSC's Order, or, at a minimum, vacate the portions challenged.
Presently wielding authority over municipalities across the state, the MPSC is but a three-member, non-elected body, appointed by Governor Gretchen Whitmer. According to the bylaws, no more than two MPSC commissioners represent the same political party.
Current members include:
• Dan Scripps, Democrat, was appointed in February 2019 and named Chair in July 2020. His term expires July 2029.
• Shaquila Myers, Democrat, was appointed in July 2025, with her term ending July 2031.
• Katherine L Peretick, political independent, was appointed January 2021, and reappointed July 2021. Her term ends July 2027.
Though the stated purpose of the MPSC is to regulate natural gas, electricity, and telecommunications industries, the organization’s virtual message more emphasizes its focus on addressing systemic and overt racism, discrimination, cultural barriers and the necessary resources and leadership to support the further development of its diversity, equity, and inclusion efforts.
In a nutshell, that is the MPSC. And it’s in the hands of this commission that the power currently rests to dictate whether energy companies take up residence in our neighborhoods.
As the Michigan Court of Appeals considers theses arguments, several candidates will be vying for seats in our state’s government in order to have a seat at the table on issues such as this. It's worth considering, which of those running best represent residents and the future wellbeing of Michigan and its resources?
Krista Yetzke is a native of Ottawa County. A jeep-driving, guitar-playing wife, mom, and everyday adventurer, Krista was raised on the love of Jesus, the great outdoors, the arts, the value of frugality, and the beauty of food as medicine.
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