Upcoming Ohio Supreme Court Decisions Could Jeopardize Solar Power Development

The Impact of Ohio’s Top Court Decision on Clean Energy Projects

Introduction

Ohio has long been known as a difficult state for siting new renewable projects. However, the upcoming Ohio Supreme Court decisions could further empower local opposition and potentially affect the future of energy development and the state’s progress towards clean energy goals. In this opinion editorial, we delve into the potential impact of these two cases on environmental advocates, the clean energy industry, and the state’s residents.

The Ohio Power Siting Board and the Eight Criteria for Approval

Most power plants, solar farms, and wind farms in Ohio require approval from the Ohio Power Siting Board before they can be built and operated. State law establishes eight criteria for approving new electric generation, including the impacts on the environment, water conservation, agricultural land, and whether the facility “will serve the interests of electric system economy and reliability” and “the public interest, convenience, and necessity.”

The Two Cases Before The Ohio Supreme Court

Two cases before the Ohio Supreme Court ask whether local opposition is enough for the Ohio Power Siting Board to conclude a project is not in the public interest when it otherwise meets all statutory criteria. Clean energy developers are appealing two recent siting board decisions in which they say regulators took a narrower view of “public interest” than they and courts previously did, effectively changing the legal standard and giving outsized weight to local opposition instead of considering the question with a state-level perspective, they say.

The Arguments of Developers and Local Opponents

The developers in both cases maintained that the power siting board erred as a matter of law when it let local opposition override other factors in its determination of the public interest. On the other hand, local opponents argued that considering local opposition is properly part of balancing multiple factors to determine the public interest. They pointed out that the court should decline the invitation of developers to wade into its own weighing of the evidence in this complex fact-intensive decision.

Potential Impacts on Energy Development and the Environment

Advocates are concerned about the potential impact on future regulatory rulings and the development of other renewable energy projects if Ohio’s top court affirms the board’s recent decision. Allowing the board’s unprecedented and unreasonable determination on Birch Solar to stand will prevent the development of other well-planned renewable energy projects in Ohio, reinforcing the continued use of fossil fuel generation and other sources of pollution. The natural gas industry has a stake in the outcome because the cases could open the door for local opposition to block power plants, pipelines, and other infrastructure.

Conclusion

The upcoming Ohio Supreme Court decisions are crucial for the development of clean energy in the state. The board must ensure that local opposition is properly balanced with other factors and that the legal standard for determining the public interest remains consistent. Renewable energy projects are essential for sustainable development and the transition towards a cleaner energy future, and Ohio must not turn its back on the benefits they provide.

Originally Post From https://energynews.us/2024/07/17/upcoming-ohio-supreme-court-decisions-could-make-it-even-harder-to-develop-solar-power-in-the-state/