The Ohio Supreme Court has nullified a previously granted permit for a large-scale solar farm and battery project spanning 6,000 acres in Madison County. This decision, issued on Tuesday, reflects a majority agreement among Republican justices who supported the objections of local and county officials against the Oak Run Solar project, which was planned for rural land between Columbus and Dayton.
While this represents a significant hurdle for the project, it does not completely halt its progress. The ruling highlights ongoing legal challenges faced by solar developers in Ohio, both from regulatory bodies and now the state’s highest court.
In their decision, the justices dismissed most concerns related to aesthetics, wildlife, and hydrology in the solar farm’s application. However, they determined that the application failed to provide necessary project renderings of substations from public viewpoints, as outlined in the official ruling. Consequently, the court rescinded the permit and instructed the Ohio Power Siting Board (OPSB) to address the visual impact issues more comprehensively.
Justice Pat Fischer, writing for the majority, emphasized that “by failing to provide any photographic simulations or pictorial sketches from public vantage points that show the substations’ support structures, which appear to be some of the project’s tallest features, Oak Run did not meet the rule’s requirements.”
This ruling is notable as it contrasts with recent years where OPSB’s gubernatorial and local appointees have predominantly rejected permits for large solar farms. The Ohio Supreme Court has historically dismissed lawsuits challenging permits granted by the OPSB but has not yet ruled on several cases brought by developers seeking to overturn OPSB denials.
Chief Justice Sharon Kennedy, a Republican, expressed a desire for further action, aligning with local governments who argued that the developers did not provide sufficient information on water quality and fire safety. Justice Jennifer Brunner, the court’s sole Democrat, dissented, asserting that despite missing renderings, the OPSB adequately considered the visual impacts of the project.
Oak Run Solar Project
The Oak Run Solar project, developed by Savion, a subsidiary of Shell, is designed to produce 800,000 kilowatt-hours of electricity, potentially powering 170,000 homes. The plan includes two 150-megawatt batteries, allowing for continuous storage alongside the daylight-only power generation. Additionally, the site may feature agrovoltaic elements like beekeeping and sheepgrazing, according to an OPSB project summary.
While the total project cost remains confidential, the developers claim it will employ 3,033 construction workers and 63 permanent staff, generate $8.3 million annually in economic output, and contribute an estimated $7.2 million in taxes to Madison County. Midwest Farms LLC, the landowner, acquired much of the property around 2009, with records previously linking Microsoft founder Bill Gates to the entity. Savion has not commented on the court ruling or land ownership.
Challenges for Solar Development in Ohio
Ohio’s solar development has faced significant resistance partly due to a 2021 state law favoring local opposition over renewable energy projects. The OPSB has denied seven solar farm applications since 2020, not on technical grounds, but because they did not meet the “public interest, convenience or necessity” standard due to local objections.
Solar energy projects have encountered strong grassroots opposition in Ohio, with public hearings often filled with community members opposing the permits. Legal challenges have followed permit approvals, and recently, Richland County narrowly voted to maintain a ban on wind and solar facilities across most of its area.
Republican commissioners in 27 Ohio counties have prohibited wind and solar projects within their jurisdictions. Unlike oil and gas projects, state laws allow such local control over renewable energy developments, following the 2021 legislation passed by state Republicans.
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This article is reproduced from Signal Ohio and was distributed in partnership with The Associated Press.
