By Kathiann M. Kowalski for Canary Media.
Broadcast version by Farah Siddiqi for Ohio News Connection reporting for the Solutions Journalism Network-Public News Service Collaboration

A regulatory board’s rejection of a permit for a large solar farm in southwestern Ohio has “essentially rewritten” state law to give local governments veto power over clean energy projects, an attorney for the project’s developer argued last week before the Ohio Supreme Court.

The Ohio Power Siting Board’s 2022 decision denying Vesper Energy the right to build a 175-megawatt solar facility in Greene County is the subject of a high-stakes legal challenge with potentially “devastating” consequences for the state’s ability to grow its electricity generation capacity, the developer’s attorney said.

“All of Ohio’s energy infrastructure will be affected by this decision,” said Michael Settineri, who represents Vesper’s Kingwood Solar project, in an oral argument before the court on March 13.

The company claims the siting board failed to follow state law in its analysis of whether its project is in the public interest — one of eight criteria that power generation projects must meet to receive a site permit. Instead of evaluating the merits of opponents’ arguments, the board used the mere existence of local government opposition as reason to deny the permit, Kingwood Solar’s attorney said.

A lawyer for the Ohio Power Siting Board argued that it has wide discretion to make policy judgments and that members used “a broad lens” to make their decision.

Local criticism has killed multiple Ohio solar projects 

Renewable energy permitting has become especially difficult in Ohio over the last four years. A 2021 law lets counties block most new utility-scale wind and solar energy projects before they even get to the Ohio Power Siting Board. Others, like Kingwood Solar, have been denied based on local opposition, even though they are exempt from that part of the law because they filed permit applications or got in the grid operator’s queue prior to the legislation’s passage.

In 2022, the board found that the proposed Kingwood Solar facility met all the other legal requirements for a permit, yet it concluded “that the unanimous opposition of every local government entity” bordering the project was “controlling” on the public interest question. The board denied the permit.

Settineri urged the court to reverse the Ohio Power Siting Board’s decision, arguing that it was clearly not supported by evidence. And, as a legal matter, the board essentially rewrote the law for granting or denying a permit in a way that gives local governments control that they shouldn’t have, he said.

Justice Jennifer Brunner noted another part of Ohio law that says local governments can’t require their own consent for the construction of power facilities. When the board’s Kingwood Solar decision said “that unanimous opposition is controlling, that actually infers that consent is required by the locality. Isn’t the board violating the statute?” she asked Settineri.

He answered,“The way I read the board’s decision, it is giving the local governments veto power … contrary to the concept of a state siting regimen.”

Renewable developer says Ohio regulators failed to consider evidence 

The board’s ruling was also “internally inconsistent,” Settineri said. The board claimed it gave weight to the “vigor and rationale” of local governments’ objections, which included worries about visual impacts, preservation of agricultural land, and construction.

But the solar developer presented experts and other evidence addressing those topics during a 2022 hearing in the case. It was also willing to accept permit conditions to minimize any impacts. As a result, the board sided with the developer on those issues in its findings on statutory criteria other than public interest, including considerations related to agriculture and the environment, Settineri said.

“There has to be evidence, and the board has to consider the evidence,” Settineri said, arguing that the fact some people say they don’t want the project shouldn’t be enough to decide the case.

Judge Marilyn Zayas, a court of appeals judge sitting in for Justice Patrick DeWine, who recused himself, asked Stephen Funk, the lawyer representing the Ohio Power Siting Board, whether the board is “able to weigh the factors any way they wish.”

Funk told Zayas that the board has broad discretion, and it “made a policy judgment that this would not serve the public interest” after considering the vigor and rationale of arguments by the local opposition.

Brunner appeared skeptical of Funk’s efforts to make it seem as if the board members did more than cede to local governments’ opposition. The board didn’t say it was giving those governmental entities veto power, “but in effect they did,” she countered.

Responding to questions from Chief Justice Sharon Kennedy, Funk said each permitting case is considered individually. He also said public comments weren’t used as evidence by the board and didn’t determine the outcome.

On rebuttal, Settineri stressed that, in light of the rest of the board’s decision on Kingwood Solar, there is no evidence backing up the claim that the vigor and rationale of local governments’ opposition meant that the project would not serve the public interest. “If I yell loud enough, does that give me a win?” he asked.

The board appeared to accept local objections at face value, said Chris Tavenor, general counsel at the Ohio Environmental Council, which is not a party to this case. “The evidence on the record needs to be interrogated closely to see whether what the government is bringing forward is factually accurate and correct.”

“The board needs to actually weigh reasons for opposition,” Tavenor added. “The mere existence of opposition or support shouldn’t be enough.”

A looming decision

The Ohio Supreme Court will debate the case and is expected to come out with a decision in the coming months.

A decision against Kingwood Solar would establish a legal precedent that makes it much harder for companies to overcome local pushback, which has often been fueled by misinformation. An adverse ruling for the solar developer also would continue the uncertain regulatory standards and framework from the past several years.

Layne Ashton, a senior project development advisor focused on utility-scale solar at Engie North America, said his company would be very cautious about moving ahead with new facilities in Ohio.

“We’d do some significant due diligence up front” for any potential projects in the state, he said. That would include testing whether local officials would welcome them. The court’s judgment will also impact the broader legal question of whether Ohio Power Siting Board decisions must be based on evidence, versus politics or opinions.


Kathiann M. Kowalski wrote this article for Canary Media.


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Minnesota is becoming less reliant on energy imports to power up homes and businesses. That's a key finding in the latest summary of contributions from renewable sources.

The 2025 fact sheet from Clean Energy Economy Minnesota shows the state imported just 11% of the total electricity it used last year.

At the same time, carbon-free sources like wind and solar accounted for a majority of electricity generated in the state for a fifth straight year.

The group's Senior Manager of Marketing and Communications Peter Ingraham said that indicates renewables are proving their reliability - and they're not just complementary pieces of the energy puzzle.

"The people that have been operating these power grids, there's a reason that they allow these to keep going online," said Ingraham. "It's a great way for us to power our cities, to power our economies."

He said it's especially timely given the escalating trade war.

Industry experts note uncertainty about federal policy does still complicate Minnesota's clean energy sector in other ways.

That includes a desire among congressional Republicans and the Trump administration to repeal tax credits for adopting renewable energy that were approved in 2022.

Some other speedbumps have surfaced, including a slowdown in wind energy expansion. However, solar growth in Minnesota continues to take off.

Derrick Flakoll, senior policy associate at the research firm Bloomberg NEF, said both sources are becoming inexpensive to produce - but solar is in the driver's seat right now, as wind energy shakes off recent market forces.

"Wind projects are huge, and that means that it's a lot of money up front - meaning it's particularly sensitive to inflation and to interest rates," said Flakoll. "And we saw a sort of slowdown in wind build in a lot of parts of the United States as a ripple effect of some of that 2022 and 2023 era."

As for solar, new capacity grew by 35% in Minnesota last year.

In measuring electric vehicle adoption, Minnesota now has more than 65,000 EVs on the road - however, new registrations fell last year after a record high the previous year.

A new report outlines some of the barriers Illinois residents face that can make adopting solar energy more difficult and expensive than necessary.

The findings are based on feedback from residential solar installers across the state about their experiences with permitting offices and the challenges they face.

Study coauthor Theo Rosen, a campaign associate with the Environment Illinois Research & Education Center, said requirements like in-person application drop-offs and long and tedious review processes can prolong the approval time and add unnecessary costs.

"All that extra work that installers have to do, the cost of that gets passed on to consumers," said Rosen. "And the result is that it is harder and more expensive to 'go solar' in Illinois than it needs to be."

Rosen added that about 20% of Illinois residents cancel their applications for permits, because of delays in the permitting process. The report suggests standardizing permitting across the state.

The report also highlights inconsistencies in the permitting requirements across towns and cities.

It says some installers avoid certain areas altogether or charge a premium to do business there because they find the process so cumbersome.

Rosen said this lack of consistency also means it can be hard for new installers to work in the state.

"A lot of installers," said Rosen, "something that they spoke about was having to have someone's full time job be dedicated to maintaining these sort of databases of the varying code requirements, and the varying permitting processes in every municipality that they work in."

Rosen added that the report recommends the state use "instant permitting" software to streamline the process and eliminate barriers, both for installers and residents.

"Essentially, it is able to perform hundreds of code compliance checks and flag errors immediately," said Rosen, "and if a permit application is complete and it meets the requirements, approval is immediate."

The Residential Automated Solar Permitting Act is currently in the Illinois Legislature. It would require the state to implement automated solar permits, similar to what the report recommends.





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Minnesota is cited in a new research brief outlining the obstacles America would face in trying to reopen coal plants, an idea prioritized by the Trump administration.

President Donald Trump has signed an executive order aiming to boost coal production, despite coal's shrinking presence in the energy sector.

The administration said the move can help meet growing electricity demand with the emergence of data centers but the Institute for Energy Economics and Financial Analysis predicts giving coal-fired power plants new life would be costly.

Dennis Wamsted, energy analyst at the institute, said it does not make sense.

"It's not an 'evil conspiracy' to push coal out of the market," Wamsted pointed out. "The reality is that coal is the most expensive resource, and so it is rightfully used the least, or used last."

He points to Xcel Energy's Sherco facility near the Twin Cities, a coal plant being phased out and replaced with a massive solar operation. Wamsted noted utilities are planning for other sources because they have proved to be reliable and less costly. The analysis found 24 of the 102 recently closed U.S. coal plants are already torn down and restarting others would require big investments due to their age.

Wamsted added time is another problem because of the maintenance backlog in getting coal plants back online or in some cases rebuilt. He argued investors would not be interested in waiting to get an older plant reopened only to shut it down again because of the declining appetite for coal.

"In 20 years or 30 years, that plant, which would still be relatively new, would probably be what we call a stranded asset," Wamsted stressed.

Like clean energy infrastructure, Wamsted said ratepayers would be asked by utilities to cover the construction costs for increasing coal production. The difference, he explained, is sources like wind and solar are poised to stick around much longer and they do not have the price volatility linked with fossil fuels.