"Local government opposition sank a proposed solar farm’s permit. The developer says state regulators failed to consider whether the pushback was rooted in evidence."
"A regulatory board’s rejection of a permit for a large solar farm in southwestern Ohio has “essentially rewritten” state law to give local governments veto power over clean energy projects, an attorney for the project’s developer argued last week before the Ohio Supreme Court.
The Ohio Power Siting Board’s 2022 decision denying Vesper Energy the right to build a 175-megawatt solar facility in Greene County is the subject of a high-stakes legal challenge with potentially “devastating” consequences for the state’s ability to grow its electricity generation capacity, the developer’s attorney said.
“All of Ohio’s energy infrastructure will be affected by this decision,” said Michael Settineri, who represents Vesper’s Kingwood Solar project, in an oral argument before the court on March 13.
The company claims the siting board failed to follow state law in its analysis of whether its project is in the public interest — one of eight criteria that power generation projects must meet to receive a site permit. Instead of evaluating the merits of opponents’ arguments, the board used the mere existence of local government opposition as reason to deny the permit, Kingwood Solar’s attorney said."
Kathiann M. Kowalski reports for Canary Media March 17, 2025.