The Ohio Supreme Court has partially sided with a Madison County municipality in a legal dispute over a solar power project planned on part of land owned by Microsoft founder Bill Gates.
A majority of the justices reversed the Ohio Power Siting Commission’s March 2024 decision to approve the 6,050-acre Oakland solar project, saying the commission needed to more thoroughly consider the application’s visual plan.
Local governments also argued that the commission did not properly consider other factors such as battery storage safety, water quality data and wildlife surveys. Although the majority of the court agreed that the applicant shared less information than the regulations required, the local government did not provide sufficient evidence that the plan was harmful.
The court will send the case back to the siting board, which must review photographic images and sketches of the proposed building before approving the construction application.
What did the judge say?
Justices Patrick DeWine and Joseph Deters joined Justice Patrick Fisher’s majority opinion. In a separate opinion, Justice Jennifer Brunner, the only Democrat on the court, agreed with most of Fisher’s opinion, but added that Oaklan had shared sufficient information about the visual impact because the tallest structure would not be prominent from the project’s boundaries.
Justice Daniel Hawkins, in an opinion joined by Chief Justice Sharon Kennedy and Justice Megan Shanahan, said the board approved the project without conducting required water quality and wildlife studies, and that the plan did not address safety concerns about the battery storage system, which could be toxic if it caught fire.
In a separate opinion, Kennedy added that the project’s “incomplete” emergency response plan was harming local governments.
“These are not small details that can be filled in later, and the harm caused by these omissions is not something that can be easily fixed after the fact,” Kennedy said.
What is the Oak Run Solar Project?
The Oak Run Solar Project spans more than 6,000 acres in rural Madison County, approximately 55 miles from Columbus. The project includes land in Monroe, Summerford and Deer Creek townships and could be the largest in the United States.
This agricultural project involves planting crops and grazing livestock inside the panels. The Dispatch previously reported that at least 70% of the farmable project area must include an agricultural power plant within the first eight years of operation.
It is also expected to generate $8.2 million in annual revenue for local governments and schools.
Anna Lynn Winfrey covers regional/suburban trending news for The Columbus Dispatch. You can contact her at: awinfrey@dispatch.com.
