Developers push Zeeland Township's battle over state solar law to federal court
A legal battle over clean energy authority in West Michigan has moved to federal court after clean energy developers removed a local township’s lawsuit from state court on Friday.
GRAND RAPIDS — A legal battle over clean energy authority in West Michigan has moved to federal court after clean energy developers removed a local township’s lawsuit from state court on Friday.
Lawyers representing Silver Maple PV LLC and its parent company, global energy giant RWE, filed a notice of removal, moving the case from Ottawa County Circuit Court to the U.S. District Court for the Western District of Michigan.
The dispute stems from a lawsuit filed on July 7 by Zeeland Charter Township. The township is seeking to block the proposed Silver Maple Solar Project — a massive 200-megawatt utility-scale solar and energy storage facility planned for rural Ottawa County.
At the heart of the litigation is a controversial state law, 2023 Public Act 233. Enacted by the Michigan Legislature, PA 233 shifts the final approval authority for large-scale solar, wind, and energy storage facilities away from local municipal boards and places it with the state’s regulating body, the Michigan Public Service Commission.
In its lawsuit, Zeeland Township claims that PA 233 violates the Michigan Constitution. Specifically, local officials argue the law breaches Article 7, Section 29, which protects local governments' rights regarding municipal consent, public utility franchises, and "reasonable control" over public highways and rights-of-way. The township is asking the court to declare the law unconstitutional or rule that the developers are violating constitutional protections.
However, defense attorneys from the law firm Dickinson Wright PLLC argue the federal court is the proper venue to settle the matter. In their court filing, developers pointed to diversity jurisdiction rules, noting that while Zeeland Township is a Michigan municipality, the energy developers are corporate entities incorporated in Delaware and ultimately owned by the German parent company RWE AG.
Developers also cited the significant financial stakes involved in the project. The proposed 200-megawatt solar farm involves land worth hundreds of thousands of dollars, along with substantial capital investments in planning, engineering, and regulatory filings.
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Because the financial value of the project far exceeds the $75,000 threshold required for federal diversity cases — and because the parties span different jurisdictions — the defense asserts the U.S. District Court holds jurisdiction over the matter.
The lawsuit was originally assigned to Ottawa County Circuit Judge Jon H. Hulsing before Friday's federal removal. The federal court has not yet set a hearing schedule for the case.
— Sarah Leach is the executive editor of the Ottawa News Network. Contact her at sleach@ottawanewsnetwork.org. Follow her on Twitter @ONNLeach.
