Ohio Supreme Court considers case that could limit solar development
A solar developer is challenging an Ohio board’s decision to deny its permit, arguing that regulators improperly gave local governments veto power over clean energy projects.
Kathiann M. Kowalski reports for Canary Media.
In short:
- Vesper Energy is appealing the Ohio Power Siting Board’s 2022 rejection of its permit for a 175-megawatt solar farm, arguing that the board relied on local government opposition rather than evaluating evidence.
- A 2021 Ohio law allows counties to block most new wind and solar projects, but Kingwood Solar’s application predates the law, making its denial controversial.
- The Ohio Supreme Court’s decision will determine whether state regulators must base permit rulings on evidence rather than political opposition.
Key quote:
"The board needs to actually weigh reasons for opposition. The mere existence of opposition or support shouldn’t be enough."
— Chris Tavenor, general counsel at the Ohio Environmental Council
Why this matters:
The case could set a precedent for how clean energy projects are approved in Ohio and beyond. If state regulators can reject projects solely based on local opposition, even when those projects meet all legal and environmental requirements, the path to expanding clean energy infrastructure could become significantly more difficult. Across the country, similar battles are playing out in statehouses and county meetings, with some states enacting laws to give local governments more control over clean energy siting decisions. If opposition groups gain more influence over permitting, the broader transition to renewable energy could face additional setbacks.
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