The 178 pages processfiled Nov. 8, says the MPSC is trying to redefine the terms of Public Act 233, which would actually change the law.

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

However, opponents of the new rules, which will take effect on Nov. 29, said the MPSC would completely thwart zoning regulations set by local governments. The lawsuit is concerned with how the MPSC defines “hybrid facilities,” as it would combine clean energy projects to trigger thresholds that require state approval.

“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, attorney at Foster Swift Collins & Smith, which represents the counties. . in a statement.

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Developers must first seek authority from local governments to proceed with a project. However, local regulations are on par with state regulations and are no more restrictive. If a local regulatory authority rejects a developer’s project application, the developer can go directly to the MPSC for a permit. The MPSC will grant project approval to the developer if it deems the local regulatory authorities to be unreasonable in their refusal.

“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,” Homier said.

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