A Circuit Court judge overturned St. Clair County regulations on solar energy facilities in a summary judgment issued Monday, Feb. 2. Judge Michael West sided with DTE Energy and Portside Solar in their lawsuit against the county, finding the county's attempts to use health code laws to regulate solar energy plants were, in fact, de facto zoning laws as the companies argued.
In issuing his ruling, West said the issue would likely have to be decided by a higher court, noting several similar cases across Michigan following the state government's use of Public Act 233 to overrule local zoning regulations to encourage the building of environmentally friendly energy sources. The ruling means regulations on solar facilities in St. Clair County passed by St. Clair County's Board of Commissioners will not go into effect, unless the county appeals the ruling.
Gary Fletcher, St. Clair County's attorney, said it would be up to the board whether to file an appeal. DTE Energy sued the county in July 2025 arguing the solar regulations, which covered the noise, visibility and decommissioning plans for solar plants, were an attempt to override Public Act 233. Other related sources and context: Check here
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