PORT HURON, Mich. — DTE Electric Company filed a lawsuit against St. Clair County, its Board of Commissioners, and Health Department on July 3, 2025, challenging new regulations on solar farms and battery storage projects.
The suit, filed in St. Clair County Circuit Court, claims the rules are illegal and violate state laws promoting renewable energy.
The dispute centers on Public Act 233 (PA 233), a 2023 Michigan law that sets uniform standards for large-scale wind, solar, and energy storage projects. PA 233 allows the Michigan Public Service Commission to oversee permitting unless local ordinances match its standards.
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DTE argues the county’s regulations exceed these standards and conflict with the Michigan Zoning Enabling Act.
St. Clair County’s regulations, adopted May 1, 2025, require solar and battery storage facilities to obtain Health Department approval before construction. They limit noise to 45 decibels at non-participating property lines, stricter than PA 233’s 55-decibel cap, and prohibit tonal noise.
I talked to Dr. Remington Nevin in February about this issue. Watch below:
Facilities must be visually screened from roads and adjacent properties using fencing, berms, or vegetation.
The rules also mandate a decommissioning plan with financial assurance of at least $100,000 per megawatt, adjusted for inflation, compared to PA 233’s more flexible requirements. A $25,000 nonrefundable fee is required for each application, covering review costs.
The regulations stem from a November 2024 memorandum by Dr. Remington Nevin, the county Health Department’s medical director. Nevin cited potential public health risks from solar farms, including noise, visual pollution, and environmental hazards from improper decommissioning. He argued rural residents are a “particularly vulnerable population group” needing extra protection.
DTE, Michigan’s largest electric utility, is developing solar and energy storage projects in St. Clair County. In August 2024, the company presented plans to the Greenwood Township Planning Commission, advocating for ordinances aligned with PA 233.
DTE claims the county’s rules hinder these projects and its property interests.
The lawsuit argues the Health Department lacks authority to regulate land use, a power reserved for counties, townships, cities, or villages under the Michigan Zoning Enabling Act. Since all St. Clair County townships have their own zoning ordinances, DTE says the county cannot impose additional rules.
The suit also claims PA 233 preempts stricter local regulations.
On April 4, 2025, the Health Department announced a public hearing for April 16 to discuss the proposed rules. DTE submitted a letter on April 14, arguing the regulations were preempted and arbitrary.
The Health Department adopted the rules on April 25, and the Board of Commissioners approved them with immediate effect, citing public health concerns.
DTE seeks a court order declaring the regulations invalid and unenforceable. The company argues they undermine Michigan’s clean energy goals, targeting 80% clean energy by 2035 and 100% by 2040.
St. Clair County’s legal counsel, Gary Fletcher, said the county will defend the regulations, citing authority under the Michigan Public Health Code.
The Health Department referred questions to the county. Attempts to reach St. Clair County for further comment were made, but no response was received by press time. DTE’s attorneys, from Warner Norcross + Judd LLP, declined to comment.
A court hearing is expected later this year.
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