DTE Energy Sues St. Clair County Over Solar Project Regulations

ST. CLAIR, Michigan — DTE Energy filed a lawsuit against St. Clair County earlier this month, accusing local officials of unfairly restricting large-scale solar energy projects in the area.

The lawsuit names the county’s board of commissioners and its health department. DTE claims the county has exceeded its authority by imposing zoning restrictions and health regulations that hinder solar project development.

According to St. Clair County’s regulations, solar energy facilities are considered a health hazard due to potential visual pollution and noise. DTE argues that noise levels can be managed by positioning project inverters away from property lines.

The regulations assert that visual pollution may contribute to stress and mental health issues, which DTE disputes. They believe the county’s rules are illegal under Public Act 233, a new law designed to facilitate renewable energy projects by allowing developers to petition the state when local restrictions become prohibitive.

Public Act 233 has expanded the authority of the Michigan Public Service Commission to issue permits if local governments fail to meet state guidelines. St. Clair County’s recent regulations set stricter limits on noise levels, with a maximum of 45 decibels, compared to PA 233’s allowance of 55 decibels.

Previously, DTE operated a coal and oil power plant in the county until it shut down in 2022. The company is focusing on increasing its renewable energy portfolio, which includes a notable agreement with Ford for a 650 MW solar project.

As of the end of 2024, Michigan’s installed solar capacity has grown to 1.88 GW and is projected to increase significantly in the coming years.

Polling indicates that a majority of Michiganders support the state’s clean energy initiatives, despite local opposition to renewable projects.

“There’s a clear desire among residents for more renewable energy,” said an industry analyst.